Bloomberg Law

California Elder Abuse Damages Capped Despite Covid Concerns (1)

By: Maeve Allsup

“Harry W.R. Chamberlain II of Buchalter APC told Bloomberg Law the majority concluded the statute is an ancillary remedy that goes along with common law remedies, not a “go-to cause of action.”

Chamberlain, who filed a brief on behalf of the Association of Southern California Defense Counsel in support of ManorCare, said the court properly reinforced that, absent some compelling reason, judges shouldn’t legislate.

He also said the ruling could have been impacted by recent changes to the court that brought in several justices with more scholarly backgrounds.”