Results

Partner Jason Petersen presented a demurrer to Plaintiff’s causes of action for elder abuse and fraud against a Defendant hospice and home health care provider for alleged withholding of care in a residential care facility and fraudulent misrepresentation about the services that were provided. The demurrer argued that Plaintiff was unable to establish a custodial…

Jon Schwalbach drafted and argued the winning appellate brief in a wrongful foreclosure action against a property receiver. The firm’s client was a property manager who was appointed receiver by the court to oversee the foreclosure of four properties before they were sold. After the sales, Plaintiff sued the bank and the receiver for a…

KMS Partner Brian Selogie recently prevailed on two motions for summary judgment, successfully demonstrating in each case that plaintiffs could not carry their burden of demonstrating any genuine issue of material fact. In the first case, Selogie defended a psychiatrist in an acute care psychiatric facility who had been accused of negligence in relation to…

After being convicted in state court of burglary and receiving an 8 year sentence, Plaintiff sued the State of California for false imprisonment. After the state’s motion for nonsuit was granted at the close of Plaintiff’s case in chief, Plaintiff sued his civil rights attorney arguing that the attorney had negligently failed to file a…

After agreeing to bifurcate the case, the judge presided over a two day bench trial to determine if the case was filed within the applicable statute of limitations. Despite denying the same motion brought by way of motion for summary judgment, the court found that the defendants met their burden on proving their affirmative defense…

The plaintiff underwent a gastric sleeve procedure performed by a bariatric surgery team at the defendant facility. After the surgery she developed numerous complications including a stricture, GERD and required extensive interventional and medical treatment. After a three week arbitration proceeding a defense award was made by the arbitrator.

In a two-week trial before Judge Brian C. Yep, Deane and Baraff successfully defended Emergency Medicine nurse practitioner against Plaintiff alleging permanent injury to her left hand in a slip and fall/hand laceration injury sustained on the job. Plaintiff, a Medi-Cal recipient, alleged that delay in being treated by a hand specialist caused further damage…

The case involved treatment given to an elderly patient. Plaintiff claimed that her mother was under the care of defendant for treatment of her heart and respiratory problems. The case contained claims for Elder Abuse, Wrongful Death/Medical Negligence and requested attorney fees and punitive damages against the health care provider, a national company. After a…

The patient underwent a removal of her gallbladder performed by a general surgeon. Five days post operatively she was admitted with a diagnosis of sepsis. A subsequent surgery found perforations of both her large and small intestines. She was hospitalized for several months and required multiple further surgeries and a permanent colostomy. She claimed damages…

A dermatologist practicing in a large Southern California medical group had his privileges revoked for failing to practice in a safe and reasonable matter. He appealed to a Superior Court Judicial Review Committee who overturned the findings of the medical group and found that the group’s actions were not reasonable. A lawsuit by the doctor…