Shuts

Shuts v. Covenant Holdco LLC

Good Law
145 Cal. Rptr. 3d 709·2012 Cal. App. LEXIS 879·208 Cal. App. 4th 609·2012 WL 3329217
Court of Appeal of CaliforniaAugust 15, 2012No. A132805California5,953 words

Opinion

Lead Opinion

Ruvolo, J.

*613 Opinion

I.

INTRODUCTION

Appellants Cameron Shuts and Gary Sterling represent a putative class of former and current residents of 16 separately licensed skilled nursing facilities that are in the business of providing long-term, 24-hour care for the elderly and disabled (hereafter plaintiffs). 1 Respondents are interrelated business entities that own and operate the skilled nursing facilities (hereafter collectively referred to as Covenant). 2 Plaintiffs sued Covenant alleging, among other things, that it consistently and intentionally failed to provide adequate nursing staff for its elderly and disabled residents, and that Covenant misrepresented its staffing levels to residents and to the consuming public. Plaintiffs alleged three causes of action in their first amended complaint (FAC): (1) violation of a skilled nursing resident’s right to reside in an adequately staffed facility (Health & Saf. Code, § 1430, subd. (b)); 3 (2) violation of California’s unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.); and (3) violation of the Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq.).

Plaintiffs alleged that the inadequacy of the staffing levels at…

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