Nidiver v. Lifehouse Health Services,LLC
No. C077803 (opn 3/25/2016; CSC denied publication 6/15/2016, No. S234084)
Errors: Law: Error/Misstatement
Court: 3d District
Errors Found/Argued: Errors not found by another court
Summary: In an elder abuse case, the court determined that plaintiffs could not pursue direct liability claims against the parent entity and sole member of the LLC that acted as licensee of a skilled nursing facility because, even if the member engaged in tortious conduct, the member was acting within the scope of its duties as a member. The holding is contrary to statutory and case law which makes members of LLCs, like corporate shareholders, responsible for their own tortious or criminal conduct even if they are acting within the scope of their duties, though LLC members cannot be held liable solely because they are members. The court denied publication; no party petitioned for review.