However, Punitive Damages Are Still In Play.
Jarman v. HCR Manorcare, Inc., Case No. G051086 (4th Dist., Div. 3 Nov. 17, 2020) (unpublished) is a nursing home patient case with a $368,755 fee award under a Health and Safety Code fee-shifting provision which has quite a procedural history. At the initial trial court level, plaintiff won a $195,000 compensatory award ($95,000 based on a “per violation” Health and Safety Code statutory damage provision) and then was awarded fees of $368,755, even though a punitive damages allegation was stricken. The 4/3 DCA, in an earlier decision, affirmed everything, except it reinstated the attempt to obtain punitive damages. The California Supreme Court accepted review, finding that the statutory damages were capped “per action,” not “per violation.” On remand, the 4/3 DCA decided that punitive damages were still in play but did find a revisit of the fee award was necessary given the Supreme Court’s different directives on the statutory damages issue. Justice Moore authored this opinion.