This case was last updated from Los Angeles County Superior Courts on 10/24/2020 at 08:43:02 (UTC).

RENE NOURSE ET AL VS PALMCREST GRAND HOME ASSISTED LIVING LL

Case Summary

On 02/09/2018 RENE NOURSE filed a Personal Injury - Other Personal Injury lawsuit against PALMCREST GRAND HOME ASSISTED LIVING LL. This case was filed in Los Angeles County Superior Courts, Governor George Deukmejian Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI and MARK C. KIM. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3645

  • Filing Date:

    02/09/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Governor George Deukmejian Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

CHRISTOPHER K. LUI

MARK C. KIM

 

Party Details

Plaintiffs and Petitioners

STANLEY BENITA

NOURSE RENE

STANLEY MARK

STANLEY WILHELMINA

Defendants and Respondents

HUSON TAMMY

STREICHER RACHEL

DOES 1 TO 100

PALMCREST GRAND HOME ASSISTED LIVING LLC

PALMCREST GRAND RESIDENCE

RESIDENCE PALMCREST GRAND

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

AGNEW GERALD E. JR. ESQ.

AGNEW GERALD EDWARD JR

Defendant and Respondent Attorneys

MANNING & KASS ELLROD RAMIREZ TRESTER

PAPPAS LOUIS WILLIAM

 

Court Documents

Notice - NOTICE NOTICE RE CONTINUANCE OF HEARING OF DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION

8/19/2020: Notice - NOTICE NOTICE RE CONTINUANCE OF HEARING OF DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 07/13/2020

7/13/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 07/13/2020

Minute Order - MINUTE ORDER (COURT ORDER)

7/13/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Reply - REPLY REPLY TO PLAINTIFFS RESPONSIVE SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION BY DEFENDANT RACHEL STREICHER FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATIO

6/19/2020: Reply - REPLY REPLY TO PLAINTIFFS RESPONSIVE SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION BY DEFENDANT RACHEL STREICHER FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATIO

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR SUMMARY ADJUDICATION) OF 06/23/2020

6/23/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR SUMMARY ADJUDICATION) OF 06/23/2020

Separate Statement

6/25/2020: Separate Statement

Declaration - DECLARATION DECLARATION OF KENNETH HOLDREN IN SUPPORT OF PS' OPPOSITION TO D RACHEL STREICHER'S MOTION FOR SUMMARY JUDGMENT

6/9/2020: Declaration - DECLARATION DECLARATION OF KENNETH HOLDREN IN SUPPORT OF PS' OPPOSITION TO D RACHEL STREICHER'S MOTION FOR SUMMARY JUDGMENT

Opposition - OPPOSITION PLAINTIFFS' OPPOSITION DEFENDANT RACHEL STREICHER'S MOTION FOR SUMMARY JUDGMENT

6/9/2020: Opposition - OPPOSITION PLAINTIFFS' OPPOSITION DEFENDANT RACHEL STREICHER'S MOTION FOR SUMMARY JUDGMENT

Separate Statement

6/9/2020: Separate Statement

Motion for Summary Judgment

4/7/2020: Motion for Summary Judgment

Separate Statement

4/7/2020: Separate Statement

Notice of Ruling

11/21/2019: Notice of Ruling

Notice of Ruling

11/21/2019: Notice of Ruling

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CAS...) OF 11/07/2019

11/7/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CAS...) OF 11/07/2019

Motion to Compel - MOTION TO COMPEL PLAINTIFFS' MOTION TO COMPEL THE ATTENDANCE OF RACHEL STREICHER AND MORRIS STREICHER AT DEPOSITION; REQUEST FOR MONETARY SANCTIONS AGAINST RACHEL STREICHER AND HER

10/17/2019: Motion to Compel - MOTION TO COMPEL PLAINTIFFS' MOTION TO COMPEL THE ATTENDANCE OF RACHEL STREICHER AND MORRIS STREICHER AT DEPOSITION; REQUEST FOR MONETARY SANCTIONS AGAINST RACHEL STREICHER AND HER

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

7/5/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

PROOF OF SERVICE SUMMONS -

5/14/2018: PROOF OF SERVICE SUMMONS -

COMPLAINT 1. ELDER ABUSE 2. WRONGFUL DEATH

2/9/2018: COMPLAINT 1. ELDER ABUSE 2. WRONGFUL DEATH

29 More Documents Available

 

Docket Entries

  • 03/29/2021
  • Hearing03/29/2021 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Jury Trial

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  • 03/25/2021
  • Hearing03/25/2021 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Final Status Conference

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  • 12/10/2020
  • Hearing12/10/2020 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Hearing on Motion for Summary Adjudication

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  • 10/13/2020
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Jury Trial - Not Held - Continued - Court's Motion

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  • 10/12/2020
  • DocketStipulation and Order (STIPULATION AND ORDER); Filed by Rene Nourse (Plaintiff); Benita Stanley (Plaintiff); Mark Stanley (Plaintiff) et al.

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  • 10/08/2020
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Final Status Conference - Not Held - Continued - Court's Motion

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  • 09/10/2020
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Hearing on Motion for Summary Adjudication - Not Held - Rescheduled by Party

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  • 08/19/2020
  • DocketNotice (Notice re continuance of hearing of defendants' motion for summary adjudication); Filed by Palmcrest Grand Home Assisted Living, LLC (Defendant); Rachel Streicher (Defendant)

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  • 07/16/2020
  • DocketNotice of Ruling; Filed by Rene Nourse (Plaintiff)

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  • 07/13/2020
  • Docketat 11:17 AM in Department S27, Mark C. Kim, Presiding; Court Order

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43 More Docket Entries
  • 05/14/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/14/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Rene Nourse (Plaintiff)

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  • 05/14/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Rene Nourse (Plaintiff)

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  • 05/14/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 04/13/2018
  • DocketDEFENDANTS', PALMCREST GRAND HOME ASSISTED LIVING, LLC DBA PALMCREST GRAND RESIDENCE AND RACHEL STREICHER, ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL

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  • 04/13/2018
  • DocketAnswer; Filed by Palmcrest Grand Home Assisted Living, LLC (Defendant); Palmcrest Grand Residence (Defendant); Rachel Streicher (Defendant)

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  • 02/09/2018
  • DocketSUMMONS

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  • 02/09/2018
  • DocketComplaint; Filed by Rene Nourse (Plaintiff); Benita Stanley (Plaintiff); Mark Stanley (Plaintiff) et al.

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  • 02/09/2018
  • DocketDECLARATION OF RENE NOURSE RE: APPOINTMENT AS SUCCESSOR IN INTEREST OF WILHELMINA STANLEY PURSUANT TO CODE OF CIVIL PROCEDURE, SECTION 377.32

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  • 02/09/2018
  • DocketCOMPLAINT 1. ELDER ABUSE 2. WRONGFUL DEATH

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Tentative Rulings

Case Number: BC693645    Hearing Date: June 23, 2020    Dept: S27

INTRODUCTION

Individual Defendant Rachel Streicher moves for Summary Judgment of of Plaintiffs’ complaint, alternatively for Summary Adjudication of each cause of action and the claim for punitive damages.

COMPLAINT:

1. Elder Abuse

2. Wrongful Death

SUMMARY OF ALLEGATIONS

Defendant Palmcrest Grand Residences is a residential care facility (“PGR”). It is owned by an LLC, Palmcrest Grand Home Assisted Living, LLC (“LLC”). Defendant Rachel Streicher is the sole member of LLC.

“Wilhelmina Stanley was a resident of defendant PGR and was therefore within the care and custody of defendants, and each of them. As a resident of PGR, Plaintiffs' decedent was under all defendants' 24 -hour care and supervision, and reliant upon defendants and each of them for her care, supervision, personal assistance and caregiving, security and safety, and meals.” (Paragraph 11)

There are general allegations of failure to properly asses and monitor Ms. Stanley during her residency, her alleged wrongful death was due to “neglectfully and carelessly allowing plaintiff's decedent to exit the facility in the dead of night, fall down concrete steps, remain outside the facility for six hours until she was found unconscious and bleeding, and suffer catastrophic injuries that resulted in her death on August 30, 2017.” (Paragraph 29)

EVIDENCE

Deposition of Rachel Streicher

At page 12 she confirms that she is the sole member of the LLC which owns the Palmcrest Grand Residence.

At page 15 she denies ever meeting the decedent or any of the Plaintiffs.

At pages 20 – 21 she is asked who created decedent’s individualized care plan when she was admitted in 2015. She responds that it was the administrator and her assistant.

She states (Page 21) that her “day to day” role in operations (in 2017) is taking care of the bills and paperwork for finances.

Defendant hired the administrator, but the administrator is responsible for hiring the nursing and caregiver staff. She plays no role in scheduling the staff. She does not handle the “marketing” of the facility.

Due to omission of pages, the nature of a “move” in July 2015 is unclear.

Q: . . . So what I'm curious about here is, how

were you going to move residents from 27 rooms down

to 12 rooms?

A I was not involved in the move.

Q Okay.

A That was up to Sheri, her assistant, the nurse. (Page 50)

Q Okay. And have you at any time become aware that Ms. Stanley was moved from the second-floor memory care unit into Room 125? Have you become aware of that fact?

A After the incident.

Q Okay. How did you first become aware of that fact?

A I was told when the incident happened.

Q Okay. Who told you?

A Sheri.

(Page 52)

The only other evidence is the declaration of attorney Steven Renick who, after authenticating the deposition states:

“I have reviewed all of the plaintiffs’ responses to written discovery propounded on them in this action by the defendants and have also reviewed the transcripts of the depositions of plaintiffs Rene Nourse, Benita Stanley, and Mark Stanley. Nowhere in those responses to written discovery or in their depositions have the plaintiffs provided any evidence of personal tortious conduct by defendant Rachel Streicher.

The court is dubious of both the admissibility (hearsay) and competency of this statement to establish factually devoid discovery responses. The court does not rely upon it or shift the burden because of it.

DISCUSSION

The primary basis for this motion is Corporations Code §17703.04(a):

“(a) All of the following apply to debts, obligations, or other liabilities of a limited liability company, whether arising in contract, tort, or otherwise:

(1) They are solely the debts, obligations, or other liabilities of the limited liability company to which the debts, obligations, or other liabilities relate.

(2) They do not become the debts, obligations, or other liabilities of a member or manager solely by reason of the member acting as a member or manager acting as a manager for the limited liability company.”

This limitation of liability for a member or manager is modified by subdivision (c):

“Nothing in this section shall be construed to affect the liability of a member of a limited liability company to third parties for the member’s participation in tortious conduct, or pursuant to the terms of a written guarantee or other contractual obligation entered into by the member, other than an operating agreement.”

It is clear that Defendant cannot be liable simply because she owns the LLC which owns the facility. There must be some participation in tortious conduct before liability attaches.

The evidence presented establishes that Defendant played no part in decedent’s care plan or moving her to a room which the court infers made it easier for her to wander from the building. Nor did Defendant hire the caregivers.

As indicated above, the court does not admit an attorney’s conclusions of the contents of discovery. It is a legal opinion.

The Defendant’s deposition testimony by itself appears to negate participation in tortious conduct. The court looks to her statement that she handles only billing and finance and not to counsel’s declaration to find the initial burden has been met for the two causes of action. Neither are viable against Reichert unless Plaintiff has evidence of her direct participation in tortious conduct.

Even if a triable issue can be raised on the substantive torts, the initial burden has been met on the issue of punitive damages. CC §3294 defines malice as either an intent to harm or “despicable” conduct with a willful and conscious disregard for the rights and safety of others.

The moving evidence establishes that Defendant never met the decedent or the Plaintiffs. That negates an intent to harm. As discussed above, conduct limited to billing and finances is not despicable conduct.

Plaintiff’s first argument is that Defendant has not met the burden of production. As can be seen above, the court disagrees. The court also finds that the initial burden of persuasion has been met. Plaintiff cites authority that a party must provide all material evidence on a point and not only the testimony which is favorable. This is true but has no bearing on the present motion in the court’s opinion. The purpose of that rule is to inform the court whether there is conflicting testimony within the deposition transcript, such as when an apparent admission is later qualified, or a denial turns to admission. The rule does not require Defendant to provide support for Plaintiff’s position. The court has reviewed the portions of Rachel Streicher’s deposition highlighted by Plaintiff and, as discussed further below, is not persuaded that any portion creates a triable issue on whether Streicher directly participated in culpable conduct.

Neither Defendant nor the court disputes 17703.04 allows liability where there is participation in tortious conduct.

Streicher agrees at Page 29 line 7 that it is her job to make sure employees are competent. That does not lead to a conclusion of participation in tortious conduct. A person can be both competent and on a particular occasion negligent or neglectful. An employee’s negligent or neglectful conduct is not evidence of participation by the owner by virtue of providing employment.

Similarly, the admission at Page 22 that she hired the administrator does not show participation in tortious conduct. Plaintiff’s position appears to be that an owner of such a facility is personally liable for any misconduct by employee whether or not aware of the circumstances surrounding the negligence/neglect.

The court does not see what Plaintiff’s marketing of the facility has to do with personal liability – there is no claim of unfair business practices or fraud.

The court will be open, during argument, to consider any direct evidence of Streicher’s participation in the record, if it is identified by exhibit and page number, and revise its opinion.

The tentative ruling is that the initial burden was met, and Plaintiff has failed to persuade the court of a triable issue of fact concerning Streicher’s personal liability.

Case Number: BC693645    Hearing Date: November 12, 2019    Dept: 4A

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

RENE NOURSE, et al.;

Plaintiffs,

v.

palmcrest grand home assisted living, llc , et al.;

Defendants.

Case No.: BC693645

ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

After review of the court file, the Court makes the following order:

Department 4A of the Personal Injury Court has determined that the above entitled action is complicated based upon the number of pretrial hearings and/or the complexity of the issues presented.

AT THE DIRECTION OF DEPARTMENT 1:

This case is hereby transferred and reassigned to the following Independent Calendar Court in THE SOUTH DISTRICT, JUDGE MARK C. KIM, presiding in DEPT. S27 of Governor George Deukmejian – Long Beach Courthouse, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the case for trial to that Independent Calendar Court.

Any pending motions or hearings, including trial and status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar court.

Plaintiff shall give notice to all parties of record.

DATED: November 7, 2019 ___________________________

Theresa M. Traber

Judge of the Superior Court