Allocation/POOF!/Special Fee Shifting Statutes: $952,142.50 Fee Award Evaporates Upon Reversal of Merits

 

     The Second District, Division 4 in Nevarrez v. San Marino Skilled Nursing and Wellness Centre, Case No. B235372 (2d Dist., Div. 4 June 5, 2013) (published) reversed an Elder Abuse Act substantial jury verdict, even though the plaintiff also prevailed on a Patient’s Bill of Rights claim, with both schemes having a fee shifting clause. The lower court awarded $952,142.50 in attorney’s fees. Even the award would have been authorized under both schemes, the fee recovery went POOF! because the lower court did not apportion the award. Because the Patient’s Bill of Rights claim was affirmed, we assume an allocated fee motion can be addressed on remand for this win, and the plaintiff can decide whether to proceed again on the Elder Abuse Act claim which was reversed due to evidentiary proof error.

An airship "Cures d'air" supporting the "Pension Bellevue" for individuals requiring medical care and floating above a mountainous region. One of the artist's conceptions for his book on life in the upcoming twentieth century.  1883.  Albert Robida.  Library of Congress.