On July 18, 2010, plaintiffs’ decedent Ruth Hansen, 85, ordered beef flank steak for dinner at Eskaton Lodge Brentwood, a senior living community located in Brentwood where she resided with her husband, plaintiff Keith Hansen, 87. While eating the steak, it became lodged in Ms. Hansen’s esophagus, causing her to begin spitting up blood. At that point, two staff members arrived to assist her. They subsequently laid Ms. Hansen down and provided her with water, but she continued to gag and spit up blood. After approximately 20 minutes, the staff members called the paramedics, who transported Ms. Hansen to Kaiser Permanente Antioch Medical Center in Antioch. At the hospital, after unsuccessful efforts to stop her nausea and vomiting, a gastroenterologist performed an endoscopy, using the endoscopic tube to push the meat from her esophagus into her stomach. However, when the meat moved, there was a rupture of the esophageal wall. As a result, the Kaiser physicians decided to withhold Ms. Hansen’s anticoagulant medication, Coumadin, which she had been chronically taking to prevent a cerebrovascular accident or stroke, due to concerns that it would exacerbate esophageal bleeding at the perforation. On Aug. 2, 2010, Ms. Hansen passed away after suffering a massive stroke. Mr. Hansen and the Hansens’ adult daughter, Gail Mutter, sued Eskaton Lodge Brentwood’s operator, Brentwood Assisted Living, LLC; and Eskaton Properties Inc., which was managing the day-to-day operations of Brentwood Assisted Living and employed the staff who worked there. Mr. Hansen and his daughter alleged that the defendants were negligent in the treatment of Ms. Hansen, constituting Elder Abuse under California Welfare & Institutions Code § 15600 et seq., and resulting in her wrongful death. Four of Ms. Hansen’s heirs, Deborah Hansen-Ching, Christine Hansen, Michelle Hansen and Jamie Lee Hansen, did not wish to become named plaintiffs in this case. As a result, they were listed as “nominal” defendants for technical/procedural matters to ensure a proper and final judgment, per California law pertaining to wrongful death cases. However, for all intents and purposes, they were not involved in the lawsuit as parties. Plaintiffs’ counsel contended that Ms. Hansen did not require assistance with eating, but that Brentwood Assisted Living and Eskaton Properties purchased substandard commercial grade meat that was difficult to chew and swallow and, therefore, should not have been served to elderly people. Counsel also contended that Brentwood Assisted Living and Eskaton Properties had a profit motive to serve such meat because it was cheaper than higher grades of meat, and that the amount spent for food at the facility fell below norms for the industry. Plaintiffs’ counsel further contended that Brentwood Assisted Living and Eskaton Properties failed to adequately train its cooks and failed to ensure that they follow standardized recipes. In addition, plaintiffs’ counsel contended that the emergency care provided by Brentwood Assisted Living and Eskaton Properties following the impaction fell below the standard of care, in that they improperly placed Ms. Hansen on her back and waited too long before calling the paramedics. Counsel for Brentwood Assisted Living and Eskaton Properties argued that it was appropriate to serve the commercial grade flank steak to senior residents, that the chefs were adequately trained and supervised, and that the recipes were guidelines, rather than strict rules. Counsel also argued that the amount Brentwood Assisted Living and Eskaton Properties spent on food met industry standards. As for emergency care, defense counsel asserted that all of the caregivers and employees of Brentwood Assisted Living and Eskaton Properties met the applicable standard of care. Furthermore, counsel argued that no act or omission by Brentwood Assisted Living and Eskaton Properties caused or contributed to the impaction, or caused or contributed to Ms. Hansen’s eventual death. According to defense counsel, plaintiffs’ counsel moved to amend their complaint on the eve of trial and assert a “negligence per se” cause of action to conform to proof. Plaintiffs’ counsel attempted to introduce that the defendants were negligent in violation of Title 22, Division 6 of the California Code of Regulations, applicable to Residential Care Facilities for the Elderly. The court denied the motion, agreeing with defense counsel that Title 22 did not apply to the independent living sections of Residential Care Facility for the Elderly. In addition, the plaintiffs’ “elder abuse” cause of action under California Welfare & Institutions Code § 15600 et seq. was dismissed pursuant to defense counsel’s demurrer. Specifically, the court agreed with defense counsel’s argument that the plaintiffs failed to allege sufficient facts to illustrate recklessness, fraud, malice or oppression as required under the act. Furthermore, the plaintiffs’ allegations of substandard emergency care following the impaction were adjudicated in the defendants’ favor pursuant to defense counsel’s summary adjudication motion. The court found that defense’s expert testimony showed that the caregivers’ aid was appropriate and harmless, and that any alleged delay between the impaction and the time 911 was called was immaterial to Ms. Hansen’s outcome. In addition, the court agreed with the defendants that the plaintiffs’ experts were not sufficiently qualified to opine on standard of care or causation as to the alleged emergency care. Thus, the jury was left to decide whether Brentwood Assisted Living and Eskaton Properties were negligent in the preparation and serving of the commercial grade flank to Ms. Hansen., Ms. Hansen’s began spitting up blood after a piece of meat became lodged in her esophagus. She was ultimately transported to Kaiser Permanente Antioch Medical Center in Antioch, were a gastroenterologist used an endoscopic tube to push the meat from Ms. Hansen’s esophagus into her stomach. Ms. Hansen suffered a rupture of the esophageal wall, causing the Kaiser physicians to withhold Ms. Hansen’s anticoagulant medication, which she had been chronically taking to prevent a cerebrovascular accident or stroke, due to concerns that it would exacerbate esophageal bleeding at the perforation site. As a result, Ms. Hansen passed away after suffering a massive stroke on Aug. 2, 2010. According to defense counsel, plaintiffs’ counsel asked the jury, during closing arguments, to award $750,000 in general damages, collectively between Mr. Hansen and his daughter for their loss of Ms. Hansen’s love, companionship, comfort, care, assistance, protection, affection, society and moral support. Defense counsel noted that although the plaintiffs asserted special damages, such as funeral expenses, during discovery, they did not ask the jury to award for those damages.