Intrieri

Introduction

This original proceeding arises from the elder abuse action filed by petitioners Fioravante and Peter Intrieri, the husband and son of Amalia Intrieri, after Mrs. Intrieri died following her admission to the Alzheimer’s unit of a nursing home owned and operated by Guardian Postacute Services, Inc. In their petition for writ of mandate, petitioners challenge the trial court’s order granting Guardian’s motion for summary adjudication of the causes of action for elder abuse, negligent infliction of emotional distress, fraud, negligent misrepresentation, unfair business practices, and false advertising. We granted writ review only as to the causes of action for elder abuse, negligent misrepresentation, and fraud. Because we agree with petitioners that triable questions of fact exist, we will issue a peremptory writ of mandate directing respondent court to vacate its summary adjudication order as to these three causes of action.

Factual and Procedural Background

I. The Fourth Amended Complaint

Petitioners allege in their fourth amended complaint that Guardian caused Mrs. Intrieri’s death as the result of events that occurred while she was a patient at…