California Court of Appeal

Petition for writ of mandate challenging summary adjudication of dependent adult abuse cause of action, in case involving woman suffering from Huntington's Chorea who died from an infection to a sacral decubitus skin ulcer after being transferred from defendant's facility, is granted as there are triable issues as to whether defendant's employees were guilty of reckless, oppressive or malicious neglect as there is evidence that they failed to follow the decedent's care plan for maintaining the health of her skin.

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Judges

• ASHMANN-GERST, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Maher Guiley & Maher, Steven R. Maher, Sun City, William M. Artigliere;  Esner & Chang, Stuart B. Esner, Los Angeles, and Andrew N. Chang, Oakland, for Petitioners., Giovanniello & Michels, Anaheim, Helen A. Michels, Karen A. Bocker, Kelene M. Stevens, and B. Eric Nelson for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.