Country Villa Claremont Healthcare Center, Inc. v. Superior Court

Real parties Arthur Rodriguez et al. (real parties), successors in interest and heirs of decedent Ernestina Rodriguez (decedent), brought an elder abuse and wrongful death action against two skilled nursing facilities, defendant Country Oaks Nursing Center operated by Trinity Oakland, Inc. (Trinity) and defendant-petitioner Country Villa Claremont Healthcare Center, Inc. (Country Villa). In the original complaint, real parties sought punitive damages in their action for damages under the heightened civil remedies of the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code, § 15600 et seq.) (Elder Abuse Act). Trinity and Country Villa each moved to strike punitive damages claims on the grounds that real parties failed to comply with Code of Civil Procedure section 425.13, subdivision (a) (section 425.13(a)). Respondent Los Angeles County Superior Court sustained Trinity’s motion and denied Country Villa’s motion.

Country Villa seeks a peremptory writ of mandate directing the trial court to vacate its order denying Country Villa’s motion to strike punitive damages. We issued an order to show cause and set the matter for hearing. On March 25, 2004, while…