The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Call: (951) 221-4744

  • Our Firm
  • Attorney Profile
  • Practice Areas
    • Real Estate Law
    • Construction Law Attorney
    • Experienced Foreclosure Attorney Serving Riverside Homeowners
    • Business Law
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Contract Disputes
    • Insurance
    • Loan Modifications
    • Personal Injury & Wrongful Death
    • Mechanic’s Lien
  • Case Handling
  • Clients
  • Blog
  • Contact

Pyrrhic Victory Against Nursing Facility.

June 9, 2015 by

Statutory Damages In a wrongful death action against a skilled nursing facility, the jury found for the facility with regard to the health care issues. But the jury found for the daughter of the deceased on a health care records issues. It found the facility did not provide 1) “complete and accurate health records” and 2) “meaningful and informative nurses’ progress notes as often as the patient’s condition warrants.” It found 468 violations of the first category, 72 in the second. It awarded $500 statutory damages for each “violation.” (Health & Safety Code section 1430, subdivision (b). The trial court entered judgment against the facility for $270,000 as statutory damages. (§ 1430, subd. (b).) It awarded the daughter $841,842 in attorney fees and $26,327.45 in costs. The appellate court reversed in part and affirmed in part, holding patients may sue nursing facilities under § 1430(b), but statutory damages may not exceed $500 per action. With regard to the attorney fee award, the appellate court remanded the case for redetermination in light of its reversal of most of the statutory damages, since success or failure must be considered when deciding the amount of attorney fees. (Lemaire v. Covenant Care California, LLC (Cal. App. Second Dist., Div. 6; January 27, 2015) (Ord. Pub. February 23, 2015) 234 Cal.App.4th 860, [184 Cal.Rptr.3d 121].)

Filed Under: Appellate Law News, Attorney's Fees News, Damages Law News, Legal News, Wrongful Death Law News

Call Us: 951-222-2100

Consultations available in-office or over
the phone. Speak to one of our leading attorneys in California today.

Recent News

What Is Commercial Litigation and How Does It Affect Your Business?

May 23, 2025 By Mark Mellor

Every business, regardless of its size or industry, faces unique challenges. Among these, legal disputes can often be the most daunting and disruptive. Commercial litigation, a specialized area of law, serves as a framework for resolving disputes arising from business … Read More...

Common Types of Real Estate Fraud

May 21, 2025 By Mark Mellor

Real estate transactions are some of the most significant financial decisions you’ll make in your lifetime. Unfortunately, the complexity of these deals creates opportunities for fraud. Whether you’re a buyer, seller, or investor, knowing how to protect yourself and recognize … Read More...

Everything You Need to Know About Adverse Possession in California

April 11, 2025 By Mark Mellor

Adverse possession is a legal concept that might sound surprising—it allows someone to claim ownership of property they don’t legally own, as long as specific conditions are met. While this might bring to mind images of opportunists taking over abandoned properties, adverse … Read More...

Follow Mellor Law Firm

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Our Areas of Practice

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Navigate

  • Home
  • Our Firm
  • Mark Mellor
  • Practice Areas
  • Case Handling
  • Clients
  • Resources
  • Contact
  • Blog
  • Privacy Policy

Practice Areas

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Recent Posts

  • What Is Commercial Litigation and How Does It Affect Your Business?
  • Common Types of Real Estate Fraud
  • Everything You Need to Know About Adverse Possession in California
  • Understanding the Statute of Limitations for Wrongful Death Claims

Follow Us

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Contact our offices

The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

The Mellor Law Firm, APLC © 2025. All Rights Reserved.