The following blog entry is written to illustrate a common motion filed during the pre-trial stage of civil litigation. Reviewing this kind of civil filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse and personal injury case and its proceedings.)
Plaintiffs Diane and Paul White’s Memorandum of Points and Authorities in Opposition to Demurrer on Behalf of Defendants Universal Medical Center and National Hospice to Plaintiffs’ First Amended Complaint for Damages
This is an action for damages brought by plaintiffs Debra White, surviving spouse of Harry White, deceased, and Paul White, the son of Harry White.
The action is one for violation of the Elder Abuse Statutes (Welfare & Institutions Code §15600 et seq., aka “https://www.moseleycollins.com/lawyer-attorney-1245027.htmlEADACPA”), negligent and intentional infliction of emotional distress and wrongful death. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Defendants Universal and National Hospice demur to all causes of action alleged against them in the First Amended Complaint except for the Sixth Cause of Action For Wrongful Death.
The Court, in ruling on these defendants’ demurrers to the original Complaint in this action, sustained the demurrers with leave to amend. The Court held that pleading did not sufficiently allege the specific conduct which was alleged as to each defendant, but the Court then noted that “if alleged more specifically against each defendant, it appears that the conduct described is sufficient to constitute outrageous conduct necessary for intentional infliction of emotional distress.” (See Part 2 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.