Brooks
Brooks v. The Rehabilitation Centre of Beverly Hills CA2/2
Opinion
Opinion
BACKGROUND
I. Relevant Pleadings
On March 11, 2015, Brooks commenced this action by filing a complaint alleging, as the successor in interest to his mother, causes of action for fraud, constructive fraud, unfair business practice (Bus. & Prof. Code, § 17200 et seq.), recklessness, elder abuse, and violation of Health and Safety Code section 1430, subdivision (b). On his own behalf, Brooks asserted a cause of action for wrongful death. As of the filing of the operative fourth amended complaint in January 2018, the named defendants included respondents, as well as Cedars-Sinai Medical Center (Medical Center) and Cedars-Sinai Medical Care Foundation, Inc. (Foundation).
II. Respondents’ Motions to Dismiss
On March 13, 2020, Medical Group and Inpatient Specialty Practices each filed a motion to dismiss based on Brooks’s failure to bring this action to trial within five years of filing the complaint, as required by section 583.310. On April 7, 2020, Rehabilitation Centre filed its motion to dismiss on the same ground.
III. Brooks’s Opposition
In a joint opposition to the motions to dismiss, Brooks asserted three reasons why it was impossible, impracticable, or futile within the…