Podolsky v. First Healthcare Corp

In Podolsky v. First Healthcare Corp. (1996) 50 Cal.App.4th 632, defendant ran a chain of nursing homes. Plaintiffs alleged that defendant's admission agreement and procedures were unfair and deceptive in that they pressured and deceived family members into cosigning as responsible parties. Finding these practices deceptive, the Podolsky court hypothesized that Business and Professions Code section 17200, as amended, 'presumably' could be invoked based on a single instance of unfair conduct. (Id. at p.653.) However, the court did not reach this issue because both Podolsky and the case it relied on, People v. Dollar Rent-A-Car Systems, Inc. (1989) 211 Cal. App. 3d 119, involved an ongoing deceptive business practice. (Podolsky v. First Healthcare Corp, supra, 50 Cal.App.4th at p.653-654.) Further, the Podolsky court concluded that whether a course of conduct actually exists, 'is for the trier of fact to determine.' (Id. at p. 654.)