Case Summaries
Elder Law
Family Law
Probate Trusts
Elder Law
[02/05]
Villano v. Waterman Convalescent Hosp., Inc.
In plaintiff's action against a convalescent hospital claiming she was admitted without her consent, judgment of the trial court is affirmed where, although a stipulated judgment is appealable, plaintiff cannot show that allegedly erroneous rulings were prejudicial.
[12/22]
Massey v. Mercy Med. Center Redding
In plaintiff's negligence action against a nurse and the hospital that employed the nurse alleging that he sustained injury after falling from a walker because the nurse placed the plaintiff on the walker and left him unattended, judgment of the trial court is reversed in part where: 1) the question of nurse's alleged negligence for the fall poses a question of common knowledge, and therefore does not require expert opinion testimony; and 2) trial court's judgment that denied plaintiff's attempt to amend his complaint to add causes of action for battery, fraud and elder abuse is affirmed.
[12/21]
Grace Healthcare of Benton v. US Dept. of Health & Hum. Servs.
In a petition for review of a civil monetary penalty imposed by the Secretary of the Department of Health and Human Services on petitioner nursing home for an "immediate jeopardy" violation of 42 C.F.R. section 483.13(c), which required nursing homes to thoroughly investigate all allegations of resident neglect or abuse, including injuries of unknown sources, the petition is granted where the Secretary's finding of the likely harm necessary to warrant an immediate-jeopardy-level finding was based on pure speculation and not supported by substantial evidence in the administrative record as a whole.
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Family Law
[03/11]
Schaar v. Lehigh Valley Health Servs., Inc.
In plaintiff's suit against her former employer for violation of the FMLA, summary judgment in favor employer is vacated and remanded as an employee may satisfy her burden of proving three days of incapacitation through a combination of expert medical and lay testimony. Here, when expert medical opinion of a doctor that plaintiff was incapacitated for two days because of her illness is combined with plaintiff's lay testimony that she was incapacitated for two additional days, it necessarily follows that a material issue of fact exists as to whether plaintiff suffered from a serious health condition.
[03/11]
A.H. v. Sup. Ct.
A father's writ of mandate seeking relief from a juvenile court order terminating his family reunification services and setting a permanency hearing is denied as the court correctly weighed and considered all relevant factors under all three code provisions, including the father's incarceration, in making its decision and the court's reasoning was logical and amply supported by the record.
[03/05]
People v. Warwick
Conviction of defendant of child abuse and neglect and jury's true finding on the enhancement that she personally inflicted great bodily injury on her child is affirmed as, when she gave birth to her son in her bedroom and concealed the birth causing severe injuries, defendant inflicted great bodily injury on her child.
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Probate Trusts
[02/25]
Conservatorship of John L.
In a petition to establish a conservatorship of a person pursuant to the Lanterman-Petris-Short Act, the judgment of the court of appeal is affirmed where: 1) the superior court did not violate the LPS Act when it excused the individual's production and proceeded without him in attendance at a hearing to establish a conservatorship of his person; and 2) the superior court did not violate his due process rights.
[02/25]
Donahue v. Donahue
Trial court's order, charging a trust with some $5 million in past and ongoing attorney fees incurred on behalf of a former trustee in defending against the beneficiary's allegations of self-dealing and conflict of interest is reversed as it cannot be determined from the trial court's order whether the fee awards are consistent with applicable legal principles. Long-established principles of trust law impose a double-barreled reasonableness requirement where: 1) the fee award must be reasonable in amount and reasonably necessary to the conduct of litigation; and 2) it also must be reasonable and appropriate for the benefit of the trust.
[02/11]
Estate of Tolman
Denial of a granddaughter's petition to determine persons entitled to distribution from her grandmother's estate is affirmed as the exclusion of unmentioned heirs or relatives from the will's dispositions, or an intent to disinherit those who contest those dispositions, does not sufficiently express or manifest an intent to arrest the operation of the anti-lapse law following a legatee's death.
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