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Modification: Samantha B. v. Aurora Vista Del Mar, LLC

Ruling by

Arthur Gilbert

Lower Court

Ventura County Superior Court

Lower Court Judge

Kevin G. DeNoce
Medical Injury Compensation Reform Act limits did not apply to plaintiffs' causes of action under the Elder Abuse Act where jury found both professional negligence and reckless neglect.



Court

California Courts of Appeal 2DCA/6

Cite as

2022 DJDAR 4129

Published

Apr. 27, 2022

Filing Date

Apr. 26, 2022

Opinion Type

Modification

Disposition Type

Affirmed

Case Fully Briefed

Feb. 14, 2022

Oral Argument

Nov. 9, 2021


SAMANTHA B. et al.,

Plaintiffs and Appellants,

v.

AURORA VISTA DEL MAR, LLC et al.,

Defendants and Appellants.

 

-2d Civ. No. B302321

(Super. Ct. No. 56-2015-00464635-CU-PO-VTA)

(Ventura County)

California Court of Appeal

Second Appellate District

Division Six

Filed April 26, 2022

 

 

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

 

 

THE COURT:

 

It is ordered that the opinion filed herein on April 5, 2022, be modified as follows:

1. On page 18, the word "First," which begins the first full paragraph, is deleted, so the sentence begins, "The regulation is expressly subject to ...."

2. On page 18, the second full paragraph, which begins, "Second, Valencia's conviction was not sealed ...." is deleted.

3. On page 22, the words in the last sentence of the first full paragraph "70 percent" are changed to "65 percent," so the sentence reads: "The jury correctly attributed 65 percent of the fault to Aurora and Signature."

Defendants and Appellants' petition for rehearing is denied.

There is no change in the judgment.

 

#279240

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