Today, the Court of Appeal published its opinion after rehearing and again concluded that section 1430, subdivision (b) “allows a single award of up to $500 per lawsuit.” (Slip opn., p. 26.) In other words, “the $500 maximum in section 1430, subdivision (b) applies per civil action rather than per violation.” (Id. at p. 36.) The court agreed with the defendants that it could not read the phrase “per violation” into section 1430, subdivision (b) since the Legislature did not include it in section 1430, subdivision (b), but did include it in statutes providing for civil penalties in other contexts. (Id. at p. 28.) As a result, the court reversed the monetary award in favor of the plaintiff. (Id. at p. 2.) The appellate court also reversed the jury’s verdict as to the negligence and elder abuse causes of action because the trial court abused its discretion in admitting into evidence a class A citation and a statement of deficiencies issued by the state Department of Public Health. (Ibid.)
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