Private Right Of Action Exists.

Class of current and former patients of skilled nursing facilities brought action under Health and Safety Code §§ 1276.5 and 1430(b), alleging defendants had a pattern and practice of systematically understaffing its facilities. The trial court sustained defendants’ demurrer without leave to amend, finding regulatory statutes were involved and no private cause of action was permitted. The Court of Appeal reversed, stating:  “while section 1276.5, subdivision (a), may not create a private right of action, section 1430, subdivision (b) does, thereby allowing plaintiffs to sue under this latter statute for a violation of section 1276.5, subdivision (a).”  Shuts v. Covenant Holdco, LLC  (Cal. App. First Dist., Div. 4; August 15, 2012) 208 Cal.App.4th 609.