Nidiver v. Lifehouse Health Services,LLC

No. C077803 (opn 3/25/2016; CSC denied publication 6/15/2016, No. S234084)

Year: 2016
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.

Document Links:
Court of Appeal Opinion (Google Scholar)
Court of Appeal Opinion (PDF)
1st Letter opposing publication (PDF)
2nd Letter opposing publication (PDF)