(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.)
Defendants have a laundry list of objections to the fraud cause of action, but they cite few specific authorities. Here, plaintiffs have alleged specific misrepresentations relating to the services defendants would provide to Steven Brown, made to Christina Brown by defendants’ agents in order to induce the Brown family to have Steven live at Universal Care. Defendants are liable for false misrepresentations made to a person acting as an agent of the plaintiff. Mirkin v. Wasserman (1993) 5 Cal.4th 1082,1097.
Mr. Brown had dementia, and the complaint alleges facts showing that Christina was clearly acting as his agents when they spoke with Universal Care about whether that facility would be suitable for him. Defendants’ misrepresentations about the kind and level of care that they would provide for Mr. Brown are also actionable. Cf. Harazim v. Lynam (1968) 267 Cal.App.2d 127,131 (defendants’ misrepresentations about the future profits that will be made on a specifically described investment plan are actionable if the plan is not as advertised). The first amended complaint specifically alleges that the Brown family relied on the misrepresentations in having Steven become a resident at Universal Care.
The complaint alleges that Steven sustained damages as a result of the fraud (financial damages, in terms of monies paid, and emotional distress and physical pain and suffering, as discussed above in connection with elder abuse).
The complaint alleges facts to support a duty to disclose the facts to support a claim for concealment. Plaintiffs allege a special relationship between defendants and Mr. Brown, based on his status as an elderly prospective resident of residential care facility for persons afflicted with dementia. That is certainly specific enough to support a duty on the part of defendants to disclose the true facts of the type of care the facility could and would provide to Mr. Brown were he to be admitted to the facility. (See Part 10 of 11.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.