Sacramento Woman Dies In Negligent Local Nursing Facility, Part 2 of 12

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical negligence 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.

DISCUSSION
The Legal Standard on Demurrer

A demurrer tests the sufficiency of the pleadings, the allegations of which must be accepted as true by the court for purposes of review. Cellular Plus, Inc. v. Superior Court (1993) 14 Cal.App.4th 1224, 1231. [I]t is error for a court to sustain a demurrer where the allegations adequately state a cause of action under any legal theory. (Ibid.) The complaint in a civil action serves a variety of purposes, including to frame and limit the issues and to apprise the defendant of the basis upon which the plaintiff is seeking recovery. Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

In ruling on a demurrer, the trial court is required to construe the complaint liberally with a view to substantial justice between the parties. Code of Civil Procedure ยง 452; Cameron v. Wernick (1967) 251 Cal.App.2d 890. A demurrer will not be sustained unless the complaint, liberally construed, fails to state a claim on any theory. Brousseau v. Jarrett (1977) 73 Cal.App.3d 864.

The Legal Standard for Pleadings in Elder Abuse/Neglect Cases

The applicable code section pertaining to the pleading requirements for civil actions is Section 425.10, which provides:


(a) A complaint or cross-complaint shall contain both of the following:
(1) A statement of the facts constituting the cause of action, in ordinary and concise language.

(2) A demand for judgment for the relief to which the pleader claims to be entitled. If the recovery of money or damages is demanded, the amount demanded shall be stated. (b) Notwithstanding subdivision (a), where an action is brought to recover actual or punitive damages for personal injury or wrongful death, the amount demanded shall not be stated, but the complaint shall comply with Section 422.30 and, in a limited civil case, with subdivision (b) of Section 70613 of the Government Code. (See Part 3 of 12.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins

Contact Information