California Court of Appeal

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Quiroz v. Seventh Ave. Ctr., H028298

In an action arising from the death of a dependent resident at a skilled nursing care facility, judgment for defendants is affirmed where: 1) an untimely pleaded survivor cause of action pleaded a different injury than a timely filed wrongful death cause of action, and thus does not relate back to the wrongful death claim for statute of limitations purposes; and 2) plaintiff was not entitled to heightened remedies available under the Elder Abuse Act in conjunction with her own wrongful death claim.

Appellate Information

  • Decided 06/27/2006
  • Published 06/27/2006

Judges

  • DUFFY, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • John Houston Scott, Lizabeth N. de Vries, The Scott Law Firm, William E. Weiss, Law Offices of William E. Weiss, San Francisco, for Plaintiff and Appellant.

  • For Appellees:
  • David R. Lucchese, Karen A. Sparks, Galloway, Lucchese, Everson & Picchi, Walnut Creek, Thomas N. Griffin, Leslie J. Karst, Grunsky, Ebey, Farrar & Howell, Watsonville, for Defendants and Respondents.
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