Klein

Plaintiffs Michele Klein and Leland Baum (plaintiffs) appeal from a summary judgment entered in favor of defendant BIA Hotel Corporation, a California corporation doing business as the Hancock Park Retirement Hotel (defendant). Plaintiffs sued defendant for the wrongful death of their mother, Rose Goldbaum (decedent). Decedent had been living at defendant’s residential hotel facility for the elderly. She died during her stay there.

Plaintiffs’ complaint alleges eight causes of action for negligence in the running of defendant’s residential care facility, all of them based on defendant’s alleged failure to comply with the California Code of Regulations. The complaint alleges defendant’s negligence was the proximate cause of decedent’s death. The summary judgment was entered after the court determined defendant has a complete defense to the eight causes of action. That defense is based on the coroner’s report, which states the decedent took her own life by jumping off of the roof of defendant’s five-story facility. Defendant’s position is that decedent had a right to take her own life and defendant had no duty to prevent her from doing so. We do not find these contentions…