Sacramento Injury Lawyer Blog

It is worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

Ultimately, the issue of alter ego liability is one that turns on equitable considerations and is one of fact. Associated Vendors, Inc., 210 Cal. App. 2d at 837. The conditions under which the corporate entity may be disregarded, or the corporation be regarded as the alter ego of the stockholders, necessarily vary according to the circumstances in each case inasmuch as the doctrine is essentially an equitable one and for that reason is particularly within the province of the trial court. Only general rules may be laid down for guidance. Id. at 836-37. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Of the many factors, undercapitalization of a corporate entity is recognized as a particularly critical one that, if present, strongly supports alter ego liability. Morrison Knudsen Corp. v. Hancock,Rothert & Bunshoft, 69 Cal. App. 4th 223, 251 (1999). Here, Universal's balance sheets for 2003, 2004, 2007, 2006, and 2007 show that, for each and every year, Universal's liabilities far exceed the facility's assets. In other words, Universal's balance sheets demonstrate that this entity is entirely insolvent and therefore entirely incapable of paying any judgment secured by plaintiffs in this case.

Continue reading "Sacramento Family Fights Corporate Entity On Behalf Of Deceased Nursing Home Patient, Part 8 of 20" »

It is worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

While the conditions under which a corporate entity may be disregarded vary according to the circumstances in each case, id., one Court of Appeal has set forth an extensive, though non-exhaustive, list of factors that trial courts consider in assessing alter ego liability: (1) the commingling of funds and other assets among the subject corporate entities; (2) the treatment by an individual of the assets of the corporation as his own; (3) the failure to obtain authority to issue stock or to issue stock; (4) the holding out by an individual that he is personally liable for the debts of the corporation; (5) the failure to maintain minutes or adequate corporate records; (6) the identical equitable ownership in the two entities; (7) the identification of the equitable owners thereof with the domination and control of the two entities; (8) identification of the directors and officers of the two entities as the responsible supervision and management;

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

(9) sole ownership in a corporation by one individual or the members of a family; (10) the use of the same office or business location; (11) the employment of the same employees and/or attorney; (12) the failure to adequately capitalize a corporation; (13) the total absence of corporate assets, and undercapitalization; (14) the use of a corporation as a mere shell, instrumentality or conduit for a single venture or the business of an individual or another corporation;

Continue reading "Sacramento Nursing Facility Abused Elderly Patient, Part 7 of 20" »

The Sacramento area has another real estate fraud case on its hands. The local U.S. Attorney's office has filed charges against several individuals, as well as a mortgage lender, in an elaborate scheme to defraud investors.

Many people from the Sacramento area have been financially injured. I represent one of those defrauded investors in a case filed against Christopher Jackson and Genesis Innovations. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

United States Attorney Benjamin B. Wagner announced that on September 2, 2010, a federal grand jury returned a nine-count indictment charging James Berghuis, 38, formerly of Sacramento, now residing in Laguna Niguel, with mail fraud, wire fraud, and money laundering. The indictment was unsealed this afternoon as a result of Berghuis’s arrest earlier today.

The indictment alleges that Berghuis operated Berghuis National Lending Inc., a Sacramento mortgage and lending company. Berghuis offered short-term bridge loans for clients funded by private investors. Berghuis would identify clients in need of bridge loans and act as the intermediary between the clients and investors. The indictment alleges that beginning no later than April 2005, Berghuis began making material false representations to investors and using investor funds to pay off other investors, pay business expenses, and pay his personal expenses.

This case is the product of an extensive investigation by the FBI and IRS-Criminal Investigation. Assistant United States Attorney Camil A. Skipper is prosecuting the case.

Continue reading "More Real Estate Fraud Charged By Sacramento U.S. Attorney's Office" »

It is worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

The same result obtains here. The XYZ Corporate Defendants wholly own Universal Healthcare, Inc. and reap the financial rewards of its operations. To the extent that they have given over all discretionary authority to run the operations to the charge nurses, director of nursing services, and administrator of that facility, under the reasoning and holding of Textron Financial, those individuals are the managing agents of the XYZ Corporate Defendants irrespective of whether these individuals are housed within a separate corporate shell. The conduct by these managing agents in recklessly neglecting Ms. Hill subjects the XYZ Corporate Defendants to elder abuse and punitive damages liability. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

In addition to the foregoing, the evidence firmly supports a finding that Universal Healthcare, Inc. is merely an alter ego of the XYZ Corporate Defendants. Two general requirements for application of the alter ego doctrine are (1) that there be such unity of interest and ownership that the separate personalities of the corporation and the individual no longer exist and (2) that, if the acts are treated as those of the corporation alone, an inequitable result will follow. Automotriz Del Golfo De California v. Resnick, 47 Cal. 2d 792, 796 (1957). (See Part 7 of 20.)

Continue reading "Sacramento Skilled Nursing Facility Owners Responsible For Patient's Death, Part 6 of 20" »

It is worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

While the XYZ Corporate Defendants have tried valiantly to insulate themselves from liability by erecting an ever changing, opaque corporate structure, one fact remains clear they own Universal Healthcare, Inc. Every penny of profit Universal Healthcare, Inc. earns goes to XYZ Healthcare California, Inc. which has one shareholder - XYZ Healthcare, Inc. Every penny that goes to XYZ Healthcare, Inc. rolls to its one shareholder, XYZ, Inc. Having reaped all of the benefits of Universal Healthcare, Inc., the XYZ Corporate Defendants cannot now turn tail when they are exposed to liability and pretend that they have nothing to do with Universal Healthcare's operations.

Indeed, as is discussed below, the XYZ Corporate Defendants control the operations at Universal Healthcare, Inc. in fundamental ways and thus are directly liable for the reckless neglect that Ms. Hill suffered. They supervise the administrator, set the budget, and control the finances of the facility, among other things. Particularly noteworthy, the XYZ Corporate Defendants ultimately set the staffing budget for the facilities, which budget cuts staffing to the bone and, as discussed, was a substantial contributing factor to Universal's reckless neglect of Ms. Hill in the aftermath of her fall on September 2.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Moreover, the fact that the XYZ Corporate defendants delegate patient care to third party employees within a separate corporate entity should not and does not insulate them from liability. See Textron Financial Corp. v. National Union Fire Ins. of Pittsburgh, 118 Cal. App. 4th 1061 (2004).

Continue reading "Wrongful Death Suit Filed Against Sacramento Nursing Facility, Part 5 of 20" »

The most recent high-profile real estate fraud case in the Sacramento area involves Christopher Jackson and his company, Genesis Innovations. But in 2009, a Roseville man was charged with defrauding investors in a similar scheme.

An FBI agent investigating a suspected $100 million real estate Ponzi scheme said the man at the center of the probe admitted deceiving his investors. Lawrence Leland "Lee" Loomis, 52, is the founder of Loomis Wealth Solutions and several related companies that the FBI and IRS believe defrauded hundreds of investors and lenders in a multi-layered investment scheme.
Among the allegations is that Loomis lulled investors in his NARAS fund into thinking their money was safe by sending them false statements indicating a steadily-increasing balance. Loomis' literature promised a 12% annual return.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins. I represent a plaintiff in the real estate fraud case filed recently in Sacramento superior court against Christopher Jackson and Genesis Innovations.

FBI special agent Kathleen Nicolls said Loomis admitted the NARAS statements were false during an interview on August 15, 2009, eleven days before federal agents searched his Roseville offices and Granite Bay home. Agents hauled away hundreds of boxes of documents and dozens of computers.

The revelation came in a civil complaint filed in Sacramento federal court seeking to liquidate $462,300 in cash seized by court order last summer from two Washington Mutual bank accounts controlled by Loomis. The civil complaint sets the stage for a possible criminal indictment.

Continue reading "Christopher Jackson Not Alone In Sacramento Real Estate Fraud Schemes" »

It is worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

The XYZ Corporate Defendants' Liability For The Reckless Neglect Of Emma Hill

Universal Healthcare, Inc. is part of a 33 facility chain owned and operated by one Neil Greene and his eight children. Mr. Greene is most well known for his development of golf courses and other properties throughout California. For reasons unknown, the Greene family has elected to shroud its facilities in an ever shifting web of corporate entities that even the most seasoned of Universal operatives find befuddling. The parent company over the entire skilled nursing facility operations is Universal, Inc. The true ownership of Universal, Inc. is kept in secrecy, other than a designation that it is owned by a number of trusts. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Universal, Inc. was initially formed in approximately 1990. The Greene family had owned and operated nursing home facilities dating back to at least the 1980s. Prior to Universal, Inc. being formed, the Greene family's skilled nursing facilities were owned by two corporate entities, Rose Enterprises and Mountain Medical Enterprises. An entity known as Universal Headquarters, Inc. was created at the same time that Universal, Inc. was created. Universal Headquarters, Inc. provided various services to the Universal skilled nursing facilities. Thereafter, Rose Enterprises changed its name to East West, Inc.

Continue reading "Elderly Sacramento Woman Subject To Abuse At Nursing Home, Part 4 of 20" »

Ponzi schemes are not limited to the likes of convicted felon Bernard Madoff. A similar plan to defraud real estate investors occurred right here in Sacramento during the past five years.

In the past week lawsuits have been filed in both federal and state courts against Christopher Jackson, Genesis Innovations, and others for real estate fraud and related illegal schemes. The federal complaint alleges that between 2005 and 2009, Jackson, using the corporate name Genesis Innovations, recruited people to invest in real estate. The complaint also alleges that he promised them a 14 percent return and persuaded them to entrust him with their retirement savings.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

The Sacramento Bee reported that according to the complaint, Jackson received about $11 million dollars from investors but invested only abut $2.5 million in real estate. The rest of the money, the complaint alleges, was used to distribute purported investment returns and to fund Jackson's lavish lifestyle, which included a leased Lamborghini and Range Rover, a purchased BMW, frequent meals at high-end restaurants, stays at luxury hotels and jewelry.

Continue reading "Sacramento Ponzi Scheme And Real Estate Fraud Suits Filed Against Christopher Jackson" »

It is worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

All witnesses also will agree that when Ms. Hill became entirely immobile after her September 2 hip fracture, she was at increased risk for developing pressure sores. After September 2, Ms. Hill was putting constant pressure on her sacral area either in bed or in her geri chair. This reality required facility staff to reposition her every two hours, check her skin every shift, and use pressure relieving devices while she was in bed or in the chair. According to the documentation, the facility did none of these things. It did not update the care plan -- which is the "blue print" for action - to instruct care providers to reposition Ms. Hill. On the overwhelming number of shifts, there is no reference whatsoever to Ms. Hill being repositioned. Aside from one weekly summary (which itself is fraught with assumptions and mistakes), there is not a single reference to Ms. Hill's skin being inspected. There is no evidence that any pressure relieving devices were used with Ms. Hill.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

The jury will learn that understaffing at the facility was the underlying cause of Ms. Hill being warehoused after her fall on September 2. In the days after her fall, Station 4 was staffed by a single Licensed Vocation Nurse and several CNAs. The LVN thus was responsible for overseeing over 40 Alzheimer's patients. The supervising nurse that usually was also working was off September 3, 4, and 5, as was the Director of Nurses.

Continue reading "Woman Dies At Sacramento Skilled Nursing Facility, Part 3 of 20" »

It is worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

From March 1, 2007 to September 2, 2007, Ms. Hill was fully ambulatory without any assistive devices. As a result of Universal's failure to devise and implement an effective plan of care to address Ms. Hill's fall risk, she suffered five falls at the facility. During the fifth and final fall on September 2, 2007, Ms. Hill fell to the ground and immediately exhibited signs and symptoms of a hip fracture. Emma never walked again.

A community mobile x-ray was performed on Ms. Hill on September 2, 2007, which stated no evidence for fracture but that acute insufficiency fracture may not be seen in the presence of diffuse osteopenia. The same report noted that Ms. Hill had severe diffuse osteopenia. As the Court will hear, everyone agrees that this x-ray result was questionable and inconclusive and did not rule out fracture. Given this, the facility was required to carefully monitor Ms. Hill for signs and symptoms of a fracture on every shift after her fall. The evidence will show that the facility utterly failed to carry out this responsibility. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

When Ms. Hill -- who was previously walking laps around the facility -- was unable to walk a full day after the fall, the facility was obligated to notify the doctor and get Ms. Hill medical care. Everyone will agree to this premise, including Universal's Station 4 supervisor (Anne Smith), Universal's nurse expert, and Universal's physician expert.

Continue reading "Family Sues Sacramento Nursing Facility For Elder Abuse, Part 2 of 20" »

It is worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

Plaintiffs Emma Hill and Noelle White’s Trial Brief

FACTUAL BACKGROUND

Plaintiffs offer the following very brief overview of some of the relevant facts that will be adduced at the trial in this matter. This discussion is by no means exhaustive. It merely is designed to give the Court a broad overview of the facts and issues in the case. For more detail, plaintiffs refer the Court to their opposition to defendants' motion for summary judgment and the declarations attached thereto.

Universal Healthcare's Reckless Neglect Of Emma Hill

Emma Hill was 78 years old at the time of her admission to Universal Healthcare on March 1, 2007. In her earlier years, Ms. Hill worked in personnel for various federal agencies and served in that capacity for several years in Vietnam during the Vietnam War. She loved to dance and she flew airplanes. Emma was a wonderfully warm, loving mother and grandmother.

For several years leading up to her admission at Universal, Ms. Hill lived in Florida with her son Randall and his wife. Unfortunately, as the years progressed, Emma became forgetful and she ultimately was diagnosed with Alzheimer's disease.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading "Sacramento Woman Subject To Egregious Elder Abuse, Part 1 of 20" »

It is worth noting that situations similar to those described in this birth injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)

PLAINTIFF'S NEW TRIAL MOTION cont.

Conversely, in Smith it is undisputed that although there are two potential alternative methods for diagnosing DRD, the only method contemplated by the Defendant Dr. Hill was a trial dose of L-dopa.

In Maher v. Saad (2000) 82 Cal.App.4th 1317, it was held to be error to give this instruction when there was no evidence that the particular procedure actually utilized was a recognized and approved method of diagnosis or treatment for the patient's condition. Maher v. Saad, supra, 82 Cal.App.4th at pp. 1318-1319, 1327. In Maher, Plaintiff's argued that the so-called T incision used by the surgeon was below the standard of care. Although the Defendant's expert did not say its use violated the standard of care, no one testified in that situation that it was a recognized or approved method of treatment. The court, over objection, gave jury instruction BAJI 6.03, but granted a new trial when the jury found no negligence.

The trial court and the appellate court held that Jury BAJI 6.03 prevented plaintiff's from receiving a fair trial on their negligence claim. (Maher v. Saad, supra, 82 Cal.App.4th at p. 1325.) For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Continue reading "Sacramento Girl's Mother Sought Multiple Opinions In Birth Injury Case, Part 5 of 10" »

It is worth noting that situations similar to those described in this birth injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)

IRREGULARITY IN THE PROCEEDINGS AND ERROR OF LAW

Code of Civil Procedure Section 657(1) provides a new trial may be granted based upon any irregularities in the proceedings of the court, or any order of the court or abuse of discretion by which a party was prevented from having a fair trial. Section 657(7) provides for vacating a verdict and ordering a new trial due to an error of law which occurred at trial.

The grant of a new trial is a proper remedy for the giving of an erroneous jury instruction when the improper instruction materially affected the substantial rights of the aggrieved party. [C.C.P. §657.] ...'When a new trial was granted on the basis of an erroneous instruction, the order will not be disturbed unless the questioned instruction was absolutely accurate and under no reasonable interpretation could possibly have misled or confused the jury ...' (Maher v. Saad (2000) 82 Cal.App.4th 1317, 1325 citing Caldwell v. Paramount Unified School Dist. (1995) 41 Cal.App.4th 189, 205, quoting Hand Electronics, Inc. v. Snowline Joint Unified School Dist. (1994) 21 Cal.App.4th 862, 871; See also Brignoli v. Seabound Trans. Co. (1947) 29 Cal.2d 782, 791 : "Where it appears that an erroneous instruction confused or misled the jury, a new trial is justified.") For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

It Was Substantial Error to Give the CACI 506 Instruction

The order allowing CACI 506, when there was no evidence that Dr. Hill followed an approved or alternative method of diagnosis, was erroneous as a matter of law. This instruction presumptively was prejudicial to Plaintiff, as evidenced by the jury's note.

Continue reading "Trial Court Commits Prejudicial Error In Sacramento Malpractice Suit, Part 4 of 10" »

It is worth noting that situations similar to those described in this birth injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)

POINTS AND AUTHORITIES

THE EVIDENCE WAS INSUFFICIENT TO JUSTIFY THE VERDICT

Code of Civil Procedure Section 657(6) permits the vacating of a verdict and ordering of a new trial if the evidence was insufficient to justify the verdict. The Fourth District Court of Appeal has held that, in determining whether a new trial may be granted on this ground, the trial court must independently weigh the evidence and assess its sufficiency to support the verdict; a new trial may be granted even if the evidence would be considered sufficient to sustain the verdict reached by the jury on appeal. People v. Capps (1984), 159 Cal.App.3d 546, 552; Candido v. Huitt (1984) 151 Points and Authorities in Support of New Trial Points and Authorities in Support of New Trial Cal.App.3d 918, 923. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

In the instant case, the testimony of the experts, including Dr. Hill herself, conclusively establishes that Dr. Hill included DRD in her differential diagnosis. She then failed to rule out this diagnosis and further failed to inform the patient of the availability of a simple medication to diagnose DRD. Given the testimony of plaintiff's expert witnesses, and Dr. Hill herself, the jury's failure to find Dr. Hill/The Medical Center negligent was clearly unsupported by the evidence and cannot be substantiated.

Continue reading "Medical Malpractice Suit Pits Sacramento Family Against Its Doctors, Part 3 of 10" »

It is worth noting that situations similar to those described in this birth injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)

STATEMENT OF THE CASE

During the course of the trial, the evidence of Dr. Hill's negligence was based upon her failure to appropriately confirm the differential diagnosis of dopa responsive dystonia by offering the patient a trial of Sinemet (L-dopa). The evidence was undisputed that the diagnosis is made in one of two ways: a trial of L-dopa, or a lumbar puncture with special assay. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

None of the experts testified to an alternative method of diagnosis or treatment under the circumstances at bar. Neither Dr. Hill nor any of the other expert witnesses suggested that she recommend a lumbar puncture. Plaintiff therefore objected to Jury Instruction 506, entitled Alternative Method of Care when offered by the defendant, since same would in effect remove the issue of standard of care from this jury. Initially the court agreed that the instruction may not be warranted. But after argument of counsel, the court, over objection, gave the requested instruction. The instruction states as follows:

A pediatric neurologist is not necessarily negligent just because she chooses one medically accepted method of treatment or diagnosis and it turns out that another medically accepted method would have been a better choice. (CACI 506)

Continue reading "Jury's Question Raises Concerns In Sacramento Medical Malpractice Case, Part 2 of 10" »