HEARD, LATRISHA vs CENTRAL VALLEY SPECIALTY HOSPITAL

***There are no tentative rulings in Department 23*** The following are the tentative rulings for cases calendared before Judge David Hood in Department 24: CV-23-000865 - LEGRANDE, JULIAN vs PENINSULA PLASTICS RECYCLING INC - Compliance Hearing - DROPPED. The Court notes the submission of the Settlement Administrator's declaration demonstrating compliance with the terms of the subject settlement. Of the Gross Settlement Amount of $292,500.00 Aggrieved Employees, Class Counsel, Class Representatives and Class Administrator have received their payments per said Settlement.

Payment has also been made to the LWDA per said Settlement. Uncashed checks totaling $10,411.65. will be transmitted to the State Controller's Unclaimed Property Fund according to the terms of the Settlement Agreement. Class Counsel shall submit an amended judgment reflecting the unclaimed amount. CV-24-002128 - HEARD, LATRISHA vs CENTRAL VALLEY SPECIALTY HOSPITAL - Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication of Issues - DENIED, in part, GRANTED, in part.

As a preliminary matter, the Court notes that Defendant did not respond to Plaintiff's additional statement of material facts in dispute. Civ. Proc. Code Sec. 437c (b)(3) &(5); California Rules of Court, rule 3.1350. The court exercises it discretion not to deny Defendants' motion based on this procedural deficiency. Civ. Proc. Code Sec. 437c; Sec. Pac. Nat. Bank v. Bradley, (1992) 4 Cal. App. 4th 89). The court finds that triable issues of material facts exist regarding Plaintiffs cause of action for elder abuse/neglect as to the adequacy of custodial care, Defendants provided to decedent, breach and causation.

Particularly, in relation to decedent's skin condition on admission, the timing of decedent's wound development, Defendant's compliance with turning and repositioning protocols, as well as the adequacy of Defendant's wound assessment and follow-up care and treatment. (Defendants' Undisputed Material Facts Nos. 5-56, Declaration of Dr Bressler, Declaration of Dr. Woelfel, Plaintiff's Responses to Defendants' Undisputed Material Facts Nos. 4, 16, 22, 24, 26, 32, 34, 35, 37, 39, 42-45, 50, 52, 57, 59, 65-76; Declaration of Dr.

Saba, Plaintiff's Additional Material Facts Nos 1-11, Plaintiff's Exhibits 3-9, 14-17) On the same bases, triable issues of material fact exist as to Plaintiff's causes of action for negligence and wrongful death. Accordingly, Defendant's Motion for Summary Judgment is denied. Summary adjudication is denied as to Issues One, Three, Four, Five Six and Seven and granted as to the punitive damages allegations (Issues Two and Eight). The extensive evidence of interventions in the record, with multiple wound consults, air mattress orders, the prescription of medication for the wounds, debridement etc, as against the lack of detailed compliance in the record serve to prevent the escalation of Plaintiff's claims from neglect/negligence to recklessness and make punitive damages unavailable here.