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SHUTS v. COVENANT HOLDCO LLC

No. A132805.

208 Cal.App.4th 609 (2012)

145 Cal. Rptr. 3d 709

CAMERON SHUTS, as Personal Representative, etc., et al., Plaintiffs and Appellants, v. COVENANT HOLDCO LLC et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

August 15, 2012.

Attorney(s) appearing for the Case

Majors & Fox, Frank J. Fox , Lawrence J. Salisbury ; McKenna, Long & Aldridge, Christopher J. Healey and Aaron T. Winn for Plaintiffs and Appellants.

Pamela Allen and Brendan White for California Nurses Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Barbara Jones and Kelly Bagby for AARP and National Senior Citizens Law Center as Amici Curiae on behalf of Plaintiffs and Appellants.

Hooper, Lundy & Bookman, Mark E. Reagan , Scott J. Kiepen and Greg B. Sherman for California Association of Health Facilities as Amicus Curiae on behalf of Plaintiffs and Appellants.

Manatt, Phelps & Phillips, Barry S. Landsberg , Brad W. Seiling , Joanna S. McCallum , Andrew H. Struve and Justin C. Johnson for Defendants and Respondents.

Jacobs & Schlesinger and Johanna S. Schiavoni for EHC Management, LLC as Amicus Curiae on behalf of Defendants and Respondents.

Dechert , H. Joseph Escher III , Steven B. Weisburd and Lily A. North for Beverly Health and Rehabilitation Services, Inc., Beverly Healthcare-California, Inc., GGNSC Fresno LP, GGNSC Stockton LP, and GGNSC Shafter LP as Amici Curiae on behalf of Defendants and Respondents.

[CERTIFIED FOR PARTIAL PUBLICATION*]

OPINION

RUVOLO, P. J. —

I.

INTRODUCTION

Appellants Cameron Shuts and Gary Sterling represent a putative class of former and current residents of 16 separately licensed skilled nursing facilities that are in the business of providing long-term, 24-hour care for the elderly...

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