Jeffrey Ehrlich and the Ehrlich Law Firm, APC were retained by Arash Homampour of the Homampour Law Firm and Matt Biren of the Biren Law Group to defend a $100 million judgment in O’Malley v. Diamond Resorts Management, Inc., Case No. G061459, Fourth Appellate District, Division Three. On November 7, 2023, the Court filed its opinion affirming the judgment in full.
In March 2014, Priscilla O’Malley checked into the defendant’s hotel in Dana Point, California. Around 6 p.m. that night she told her husband that she planned to have a glass of wine, watch the sunset, and spend the rest of the night in her room. About 30 minutes later, she suffered a brain aneurysm and collapsed on the floor in her room. Her husband attempted multiple times to reach her by phone that night. At 10:30 p.m., he phoned the hotel’s front desk and asked to have someone sent to the room to check whether Mrs. O’Malley was inside and okay. The desk clerk agreed to send a maintenance man. He failed to enter the room, but told the front-desk clerk that he had gone in and that no one was inside. This false information was then relayed to Mr. O’Malley, who stayed at the couple’s home, hoping that his wife would return his calls.
About 5:15 a.m., Mr. O’Malley drove to the hotel and entered the room, finding his wife in a coma on the floor. She survived but sustained a unique brain injury¬—the complete inability to form and store new memories. As a result, she needs constant 24-hour care and supervision. On appeal, the defendant raised a host of arguments to attack the judgment, but the Court of Appeal rejected all of them.