California Attorney General Opinion 23-1101

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that statute was more specific because statute applied \only to wrongful death actions arising out of medical malpractice\
• stating that the tort of constructive fraud contains only “two elements: (i) a confidential relationship between the parties; and (ii) a failure to disclose material facts”
• stating that on motion for summary judgment, moving party bears burden of proof for its motion, and plaintiff has ultimate burden of proving all elements of plaintiff's cause of action
• rejecting attempt to avoid medical malpractice statute of limitations by characterizing claim as fraud
• stating that the decedent’s children could not bring a wrongful death claim because the decedent had a guardian at the time of her death and the relevant statute at the time only allowed such an action to be brought by a personal representative or guardian of the decedent
• “Constructive fraud requires two elements: (i) a confidential relationship between the parties; and (ii) a failure to disclose material facts.”

Source: CourtListener parenthetical corpus (CC0).