Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
It is also worth noting that situations similar to those described in this elder abuse case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
Plaintiff’s Opposition to Defendant, National Hospital’s Demurrer to First Cause of Action of First Amended Complaint and Motion to Strike Punitive Damages
INTRODUCTION
On defendant’s demurrer of the first cause of action in the complaint for elder abuse, the Court ruled that plaintiff pled recklessness with sufficient particularity to support a claim for violation of the Elder Abuse and Dependent Adult Civil Protection Act, Welfare & Institutions Code §15657 (“Elder Abuse Act”). The Court granted plaintiff leave to amend the Elder Abuse cause of action and punitive damage allegations to plead facts to meet the standards of employer ratification and the other standards of Civil Code §3294(b).
In his First Amended Complaint, Plaintiff has pled sufficient facts to meet the standards of Civil Code §3294(b) and sufficient facts of defendant’s conscious disregard of Mr. White’s health, safety and rights. Defendant’s demurrer to the first cause of action and motion to strike punitive damages, therefore, must be denied. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
PLAINTIFF HAS PLED RATIFICATION WITH SUFFICIENT PARTICULARITY
As set forth at Welfare & Institutions Code § 15657(c), in order to recover the enhanced remedies under the Elder Abuse Act against a corporate employer, plaintiff must plead and prove:
(c) The standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorney’s fees permitted under this section may be imposed against an employer. (See Part 2 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.