Villano

Villano v. Waterman Convalescent Hospital, Inc.

Good Law
105 Cal. Rptr. 3d 276·181 Cal. App. 4th 1189·2010 Cal. App. LEXIS 144·2010 WL 396465
Court of Appeal of CaliforniaFebruary 5, 2010E045796California2,657 words

Opinion

Opinion

Richli, J.

—Plaintiff Rose Villano claims that she was admitted to Mt. Rubidoux Convalescent Hospital (Mt. Rubidoux) without her consent. While there, she was restrained in a wheelchair and in a bed; given dangerous medication, including psychotropic drugs, that she did not need; and denied treatment that she did need, again without her consent.

The trial court, faced with roughly 40 motions in limine, made a number of pretrial rulings that Villano now challenges. Among other things, it bifurcated certain issues to be tried by the jury in a second phase of trial; it further bifurcated a cause of action for statutory violations, to be tried by the court in a third phase of trial. It limited the testimony that would be admissible in the first phase of trial regarding any violations of statutes and regulations and regarding any violations of Mt. Rubidoux’s internal policies and procedures. It also drafted a proposed special verdict form that did not provide for any findings on Villano’s causes of action for battery, false imprisonment, intentional infliction of emotional distress, or fraud and that assertedly failed to provide for crucial findings on her cause of action for elder…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.