(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.)
POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS’ DAVID X., M.D, AND DOCTORS MEDICAL GROUP’S DEMURRER TO AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT
In response to Plaintiff’s Complaint, defendants David X., M.D. and Doctors Medical Group of Sacramento, California have filed a demurrer to, and Motion to Strike portions of, Plaintiff’s Complaint.
Defendants’ David X., M.D. and Doctors Medical Group argue that Plaintiff’s First Cause of Action, for medical negligence, on the grounds that it duplicates the Second Cause of Action, for Wrongful Life.
As will be seen from the following Points and Authorities, inconsistent pleadings have long been permitted, and therefore defendants’ David X., M.D. and Doctors Medical Group’s demurrer, upon grounds of inconsistency, is without merit.
Defendants’ David X., M.D. and Doctors Medical Group next contend that Plaintiff’s Third Cause of Action, for Wilful Misconduct, fails to state facts sufficient to state a cause of action for this tort.
Again, as demonstrated by the following Points and Authorities, Plaintiff has properly pleaded each and every element of a cause of action for Wilful Misconduct, and defendants’ assertions to the contrary are specious.
Finally, defendants’ motion to strike portions of Plaintiffs Complaint pointedly ignores the First Amendment infirmities of Code of Civil Procedure Sections 425.10 and 425.13, requiring that a prayer for damages against a healthcare provider which states a specific dollar amount, be stricken, and mandating that a plaintiff may not include a prayer for punitive damages against a healthcare provider without first obtaining permission from the court. (See Part 2 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.