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CCRC v. SUPERIOR COURT

No. E025228.

94 Cal.Rptr.2d 343 (2000)

79 Cal.App.4th 787

COMMUNITY CARE AND REHABILITATION CENTER, Petitioner, v. The SUPERIOR COURT of Riverside County, Respondent, Rudolph W. DeGrood et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Two.

Review Denied June 28, 2000.

Attorney(s) appearing for the Case

Bonne, Bridges, Mueller, O'Keefe & Nichols, George E. Nowotny, Los Angeles, and Melissa W. Woo, for Petitioner.

McCann & Carroll and C. Daniel Carroll, Carlsbad, for Astoria Convalescent Hospital as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Robinson, Calcagnie & Robinson, Allan F. Davis and Sharon J. Arkin, Newport Beach, for Real Parties in Interest.

OPINION

WARD, J.

When an action for wrongful death is grounded upon the alleged malpractice of the health care provider, the action is subject to the rules pertaining to punitive damages in medical malpractice cases. (See Code Civ. Proc. § 425.13.) We conclude that is the case, even when the wrongful death action is couched in terms of elder abuse. The trial court therefore erred in allowing the real parties in interest to allege a claim for punitive...

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