The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on June 28, 2017. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.

Review Granted

Jarman v. HCR ManorCare, S241431– Review Granted– June 28, 2017

Plaintiff, a patient at defendants’ health care facility,  alleged claims for violations of patient rights under Health and Safety Code section 1430 (section 1430), elder abuse, and negligence. The jury returned a verdict for the plaintiff and found malice, oppression, or fraud.  The trial court granted the defendants’ motion to strike the punitive damage claim, holding there was insufficient evidence to support the jury’s finding of malice, oppression or fraud.  The trial court entered judgment awarding $95,500 in statutory damages, $100,000 in general negligence damages, and $368,755 in statutory attorneys’ fees. In a published decision, Jarman v. HCR ManorCare (2017) 9 Cal.App.5th 807, the Court of Appeal, Fourth District, Division Three, affirmed in part but reversed with directions to conduct further proceedings to establish the amount of punitive damages.

This case presents the following issues: (1) Does Health and Safety Code section 1430, subdivision (b), authorize a maximum award of $500 per “cause of action” in a lawsuit against a skilled nursing facility for violation of specified rights or only $500 per lawsuit? (2) Does section 1430, subdivision (b), authorize an award of punitive damages in such an action?

Review Denied (with dissenting justices)