(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) Based on the above conduct, in Dr. Brown’s opinion, Dr. Black committed elder abuse, and testifies as follows: Q: Okay. Other than…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) The Pleadings. The Judicial Council complaint states that Tina Steinford and the Estate of Paul Steinford complain that eleven doctors and two…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) OPPOSITION TO DEMURRER The plaintiffs oppose the demurrer brought by defendant doctors White, Black, Greene, Brown, Smith, and James, because the plaintiffs…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) MOTION FOR LEAVE TO AMEND TO CONFORM TO PROOF MAY BE MADE AT ANY TIME DURING TRIAL. A motion for leave to…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) The Plaintiffs, John Hernandez, in and through his Successor-in-interest and heir, Robert Hernandez, and Robert Hernandez, an individual, submits the following opposition…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) THE PLAINTIFFS HAVE SET FORTH A PRIMA FACIE CASE FOR SURVIVORSHIP AGAINST THE DEFENDANT, PAUL SMITH, M.D. Although the moving party was…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) PLAINTIFFS CONCEDE THAT PLAINTIFF’S SECOND CAUSE OF ACTION FOR NEGLIGENCE IS DUPLICATIVE OF PLAINTIFF’S EIGHTH CAUSE OF ACTION FOR PROFESSIONAL NEGLIGENCE AS…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) Throughout the decedent’s admission at Doctor’s Medical Center, the decedent’s allergic reaction to the Primaxin did not subside and the decedent continued…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) Pursuant to Intrieri v. Superior Court, an Elder Abuse Cause of Action Cannot be Disposed of in the Pleading Phase Where There…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) THE FACTS IN A COMPLAINT MUST BE ACCEPTED AS TRUE FOR PURPOSES OF RULING ON A DEMURRER A demurrer can be used…