California Court of Appeal

In a class action suit against operators of skilled nursing facilities, alleging inter alia that defendants consistently and intentionally failed to provide adequate nursing staff for its elderly and disabled residents and that it misrepresented its staffing levels to residents and to the consuming public, trial court's demurrer as to plaintiffs' cause of action pursuant to Health & Safety Code section 1430(b) for violation of a skilled nursing resident's rights to reside in an adequately staffed facility, is reversed, as while section 1276.5(a) may not create a private right of action, section 1430(b) does, thereby allowing plaintiffs to sue under the latter statute for a violation of section 1276.5(a). Further, plaintiffs' cause of action contained nonequitable claims for relief, including damages, that are not subject to dismissal under the doctrine of equitable abstention.

Appellate Information

• Decided 08/15/2012
• Published 08/15/2012

Judges

• Ruvolo

Court

• California Court of Appeal

Counsel