Thomas

I. BACKGROUND

A. The Initial Complaint Thomas filed his initial complaint in August 2013. Among the named defendants were CV Corporation, a management company, and Country Villa South Bay, LLC (CV South Bay), a related entity that obtained the license from the State of California to operate the nursing facility in question. The complaint alleged seven causes of action: (1) negligence; (2) willful and reckless misconduct (elder abuse); (3) violation of patient’s

1 Bertha Evans Thomas, Thomas’s wife, served as his guardian ad litem during the litigation. When Thomas died of cardiopulmonary arrest not long after the trial court’s ruling on the demurrer, Bertha Evans Thomas became his successor in interest pursuant to Code of Civil Procedure section 377.32. In the discussion that follows, and for simplicity’s sake, we consistently refer to Thomas as if he were the party pursuing this appeal even though Bertha Evans Thomas is the actual appellant as his successor in interest. 2 2 rights under Health and Safety Code section 1430, subdivision (b); (4) constructive fraud; (5) fraudulent concealment; (6) fraudulent misrepresentation to a licensing agency; and (7) elder abuse. Country…