On March 22, 2012, plaintiffs’ decedent Barbara Lovenstein, 77, a retiree, was a resident in the memory care unit of Eskaton FountainWood Lodge, an assisted- living and residential-care facility in Sacramento. Lovenstein choked on food and inhaled part of it. Her sister, plaintiff Jean Charles, 88, a retiree, witnessed the incident. Lovenstein developed severe dysphagia (difficulty swallowing) and aspiration pneumonia. She later died. Lovenstein’s niece, Robin Hutcheson, acting as Lovenstein’s successor-in-interest, and Charles, individually, sued Eskaton FountainWood Lodge and its operators, Eskaton Properties Inc. and Eskaton. (All the defendants were IRS 501(c)(3) nonprofit corporations.) Hutcheson alleged that the defendants’ actions constituted elder abuse and constructive fraud, and Charles alleged that the defendants’ actions constituted negligent infliction of emotional distress. Plaintiffs’ counsel contended that the assisted-living facility repeatedly administered the sedative Ativan to Lovenstein, against her doctor’s instructions, to chemically restrain Lovenstein. Counsel argued that overmedication from the Ativan caused Lovenstein’s swallowing problems, which led to Lovenstein’s death. Plaintiffs’ counsel also argued that the facility was understaffed and that there was a lack of training and supervision of the staff. Counsel further argued that corporate officers were aware of the problems with the facility’s staff and other systemic failures at the facility but failed to do anything about it. Defense counsel denied all the plaintiffs’ contentions as to liability., Lovenstein was a resident of Eskaton FountainWood Lodge from Feb. 24, 2012, until the choking episode at the facility on March 22, 2012. She died on April 11, 2012. Her death certificate listed aspiration pneumonia and dysphagia as the causes of death. Lovenstein was 77 years old. Hutcheson, acting on behalf of Lovenstein’s estate, sought recovery of damages based the Eskaton entities’ alleged elder abuse and fraud. Charles claimed that she witnessed her sister’s choking event and that she was constantly with her sister while in hospice until Lovenstein died weeks later. Charles sought recovery of damages based on the Eskaton entities’ alleged negligent infliction of emotional distress. Hutcheson and Charles also sought recovery of punitive damages based on the alleged wrongful conduct of the facility and its officers. Defense counsel denied all of the plaintiffs’ contentions as to causation.