(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 AS PLEADED The Plaintiffs’ complaint specifically alleges the following facts, which for purposes of a demurrer must be taken 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.) The Plaintiffs, John Hernandez, in and through his Successor-in-interest and Heir, Robert Hernandez, and Robert Hernandez, an individual, oppose the Demurrer of…
(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.) SPECULATIVE TESTIMONY REGARDING PLAINTIFF’S LEVEL OF FUNCTIONING WOULD BE HIGHLY PREJUDICIAL The court has inherent power to grant a motion to exclude…
(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.) Plaintiff John Allen’s Motion In Limine to Exclude Sammi Nunn, R.N. from Testifying Regarding Her Opinion on Plaintiff’s Functional Capacity and Competency…
(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.) Allen developed decubitus ulcers because the nurses in charge of his care did not turn and reposition him as required. Allen 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.) INJURY As discussed above, Allen developed stage III decubitus ulcers on his buttocks, stage IV decubitus ulcers on his left hip, and…
(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.) Plaintiff John Allen (“Allen”), deceased, by and through his conservator, Darrell Allen, submits the following Settlement Conference Statement: INTRODUCTION This is an…
(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 COURT SHOULD OVERRULE DEFENDANT’S DEMURRER AND MOTION TO STRIKE WITH RESPECT TO ALLEN’S CLAIM FOR DAMAGES UNDER CAL. CIV. CODE §3345.…
(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.) Here, Allen may bring a civil action under section 15656 of the Welfare and Institutions Code. In Laczko v. Jules Meyers, Inc.…
(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.) Here, Allen alleges that defendants were responsible for his custodial care due to his physical and mental disabilities. He further alleges that…