ARA Living Centers-Pac, Inc. v. SUPERIOR COURT OF SAN MATEO CTY.

This action is against operators of a skilled nursing facility, seeking damages for elder abuse. It alleges conduct occurring after the Legislature defined elder abuse and made it a crime under some circumstances, but before it amended the statutes to provide attorney fees for persons bringing civil actions and to allow heirs to recover damages for the pain and suffering of deceased patients. (Welf. & Inst. Code, § 15657.) The issue presented here is whether to apply these changes to events taking place before amendment to the statute. We conclude the attorney fees subsection applies, but that the lifting of the limitation on pain and suffering damages may be applied prospectively only. We direct issuance of a peremptory writ of mandate.

Dennis M. Day is the special administrator of the estate of Hazel Evelyn Ervasti, who died at age 80. In his capacity as administrator, Day filed a civil complaint against ARA Living Centers - Pacific, Inc. (ARA) and others, alleging that Ervasti died from infected bedsores, attributed to neglect while in the care of the defendants at the College Park Convalescent Hospital (Hospital) between August 1 and November 20, 1990. The original…