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Justia Daily Opinion Summaries

California Courts of Appeal
May 12, 2020

Table of Contents

Arace v. Medico Investments, LLC

Civil Procedure, Personal Injury

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California Courts of Appeal Opinions

Arace v. Medico Investments, LLC

Docket: E071194(Fourth Appellate District)

Opinion Date: May 11, 2020

Judge: Art W. McKinster

Areas of Law: Civil Procedure, Personal Injury

Plaintiff-respondent Melanie Arace, as personal representative and successor in interest for Grace R. Miller (Miller) and trustee of the Grace R. Miller Trust dated May 8, 2002, filed a complaint against Medico Investments, LLC (Medico), a residential care facility, and others. Plaintiff alleged that Medico, or its employee Elizabeth Colon (Colon), engaged in multiple acts of elder abuse of Miller. The jury found in favor of plaintiff, who was awarded damages, attorney fees, and costs. On appeal, Medico contended: (1) the trial court erred in denying its motion to continue the trial based on the unavailability of a material witness; (2) the trial court erred in awarding attorney fees and costs; and (3) plaintiff was not entitled to economic damages under her claim for elder abuse (neglect) since the jury declined to award noneconomic damages. Finding no reversible error, the Court of Appeal affirmed judgment against Medico.

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