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: Sacramento Injury Lawyer BlogFamilies From Sacramento-Area File Suit Against Elder Care Facility, Part 3 of 6
By Moseley Collins, Esq.
The following blog entry is written from a defendant?s position during pre-trial litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in an elder abuse case present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
Further, as we had previously noted, EF makes no allegations of any negative impact on any specific resident caused by the alleged under staffing and, thereby, fails to show a causal link between an individual resident's specific needs and the services received, regardless of the nursing hours supplied at that time. This is clearly inconsistent with DHS's enforcement policies as stated in their policy guidelines for enforcing the staffing level requirements.
Equally significant is the fact that, by merely asserting a lump sum amount that Defendants allegedly should have ... spent on staffing, and suggesting that amount should be distributed to residents without linking inadequate staffing to any allegations of specific incidents of fewer than 3.2 hours of service for a patient on a particular day, or allegations of harm suffered by individual residents, EF is in fact seeking disgorgement - a remedy clearly not allowed under Section 17200. In contrast to restitution, the remedy of disgorgement is available only in certified class actions and not in a representative action brought by a private party under the UCL. Kraus, supra, at 126-127; see, also, Korea Supply Co. v. Lockheed Martin Corp. (2003) 29 Cal.4th 1134, 1148-50.
Full post as published by Sacramento Injury Lawyer Blog on February 17, 2010 (boomark / email).
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Asbestos Exposure
Adult Care
Friendship Care Assisted Living ordered to pay $20,000 fine for facility violations and negligence.
Foster Care Chile Molestation
Department of Children & Families pays $175,000 negligence settlement.
Marshall Astor
Over $1.35 million in property, art and jewelry returned in elder care abuse lawsuit.
Understaffed Elder Care
Sunwest Management pays $5.5 million in two class action settlements with California and Oregon residents.
Homeward Bound Services
$249,000 settlement in elder care fraud lawsuit.
Elder Harassment
Asta Care to pay $14,500 settlement in nursing home lawsuit.

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