15 Cited authorities

Delaney v. Baker
20 Cal.4th 23 (Cal. 1999) Cited 216 times 4 Legal Analyses
Holding recklessness "involves more than inadvertence, incompetence [or] unskillfulness"
Covenant Care, Inc. v. Superior Court
32 Cal.4th 771 (Cal. 2004) Cited 135 times 2 Legal Analyses
In Covenant Care, Inc. v. Superior Court, 86 P.3d 290 (Cal. 2004), the California Supreme Court confronted the sad story of Juan Inclan, an "elder," during his eight-week stay at a "skilled nursing facility."
Norman v. Life Care Centers of America, Inc.
107 Cal.App.4th 1233 (Cal. Ct. App. 2003) Cited 55 times
Holding that "a regulatory violation is presumed to constitute negligence and that presumption will be conclusive unless the defendant rebuts it"
Sababin v. Superior Court
144 Cal.App.4th 81 (Cal. Ct. App. 2006) Cited 45 times 2 Legal Analyses
Finding a triable issue on the question of recklessness where a rehabilitation center established, but failed to follow, a care plan that included monitoring a patient's skin and reporting changes to a physician
Conservatorship of Gregory v. Beverly Enterprise
80 Cal.App.4th 514 (Cal. Ct. App. 2000) Cited 46 times
C030074, C030733 Filed May 1, 2000. Certified for Partial Publication. Modified Opinion May 30, 2000 Pursuant to California Rules of Court, rules 976(b) and 976.1, the introduction (first six paragraphs) and part I-B (Jury Instructions) of this opinion are certified for publication. Appeals from Superior Court of the City of Yreka, County of Siskiyou, No. 53756, James E. Kleaver, Judge. Affirmed in case No. C030074, and reversed in part and remanded in case No. C030733. Retired judge of the Siskiyou
Fenimore v. Regents of the Univ. of Cal.
245 Cal.App.4th 1339 (Cal. Ct. App. 2016) Cited 23 times
Holding that systemic understaffing may provide evidence of "recklessness" under the Act
Mack v. Soung
80 Cal.App.4th 966 (Cal. Ct. App. 2000) Cited 37 times 2 Legal Analyses
In Mack v. Soung (2000) 80 Cal.App.4th 966, Girtha Mack resided at Covenant Care Nursing and Rehabilitation Center where she was attended by Dr. Lian Soung.
Worsham v. O'Connor Hosp.
226 Cal.App.4th 331 (Cal. Ct. App. 2014) Cited 18 times 1 Legal Analyses
Failing to provide adequate staffing may constitute professional negligence
Grieves v. Superior Court
157 Cal.App.3d 159 (Cal. Ct. App. 1984) Cited 43 times
Directing trial court to grant motion to strike punitive damages where plaintiff alleged only negligence and no intentional conduct
Ferraro v. Pacific Fin. Corp.
8 Cal.App.3d 339 (Cal. Ct. App. 1970) Cited 54 times
Docket No. 25644. May 29, 1970. Appeal from Superior Court of Santa Clara County, O. Vincent Bruno and Albert F. DeMarco, Judges. COUNSEL Partridge, O'Connell Partridge, Frederick J. Woelflen, Todisco Capriola and Peter J. Capriola for Defendants and Appellants. Rea, Frasse, Anastasi, Clark Lewis and William G. Clark for Plaintiff and Respondent. OPINION ELKINGTON, J. Defendants Pacific Finance Corporation (Pacific) and William Steitz, doing business as Bill Steitz Motor Sales (Steitz), appeal from
Section 15600 - Generally
Cal. Welf. and Inst. Code § 15600 Cited 528 times 2 Legal Analyses
Reciting California's public policy of protecting elders against financial abuse under the Elder Abuse Act
Section 15657 - Award of attorney's fees and costs; damages
Cal. Welf. and Inst. Code § 15657 Cited 210 times
Requiring "clear and convincing evidence that a defendant is liable for" elder abuse and "has been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse"
Section 15610.57 - Neglect
Cal. Welf. and Inst. Code § 15610.57 Cited 127 times
(a) "Neglect" means either of the following: (1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise. (2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise. (b) Neglect includes, but is not limited to, all of the following: (1) Failure to assist in personal hygiene,

Walter White vs. Spring Valley Post Acute LLC

15 Cited authorities

Holding recklessness "involves more than inadvertence, incompetence [or] unskillfulness"

In Covenant Care, Inc. v. Superior Court, 86 P.3d 290 (Cal. 2004), the California Supreme Court confronted the sad story of Juan Inclan, an "elder," during his eight-week stay at a "skilled nursing facility."

Holding that "a regulatory violation is presumed to constitute negligence and that presumption will be conclusive unless the defendant rebuts it"

Finding a triable issue on the question of recklessness where a rehabilitation center established, but failed to follow, a care plan that included monitoring a patient's skin and reporting changes to a physician

Holding that systemic understaffing may provide evidence of "recklessness" under the Act

In Mack v. Soung (2000) 80 Cal.App.4th 966, Girtha Mack resided at Covenant Care Nursing and Rehabilitation Center where she was attended by Dr. Lian Soung.

Failing to provide adequate staffing may constitute professional negligence

Directing trial court to grant motion to strike punitive damages where plaintiff alleged only negligence and no intentional conduct

Reciting California's public policy of protecting elders against financial abuse under the Elder Abuse Act

Requiring "clear and convincing evidence that a defendant is liable for" elder abuse and "has been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse"