Perlin

INTRODUCTION

In 2002, Helen Perlin (Perlin) had knee replacement surgery at Northridge Hospital. During Perlin’s rehabilitation at the Woodland Care Center (Woodland), under which name Summit Care-Califomia, Inc. (Summit Care), did business, Perlin developed a wound on her leg and returned to Northridge Hospital where she subsequently died from pneumonia. Plaintiffs, appellants, and cross-respondents Michael Perlin, David Perlin, and Elaine Crossley (plaintiffs), successors in interest and heirs to Perlin, brought an action against defendants, respondents, and cross-appellants Summit Care, Fountain View Management, Inc. (FVM), Robert Snukal, and Sheila Snukal (defendants) based on Perlin’s treatment at Woodland and her death. Plaintiffs’ complaint included causes of action for negligence, willful misconduct, fraud, constructive fraud, intentional infliction of emotional distress, elder abuse, and wrongful death.

The trial court granted summary judgment motions by FVM and the Snukals and excluded plaintiffs’ evidence that was submitted in connection with the fraud cause of action. The jury returned a verdict in favor of plaintiffs and against Summit Care only on…