(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 has properly alleged wrongful misconduct on the part of an officer, director, or managing agent of defendant. The Cal. Welf. 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.) The allegations in the complaint are sufficient to withstand defendant’s demurrer. Allen alleges that he is a dependent adult under the EADACPA.…
(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.) It is well settled that less particularity in pleading is necessary where the defendant may be assumed to have equal or superior…
(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’s Memorandum of Points and Authorities in Opposition to Defendant’s Demurrer and Motion to Strike Portions of Plaintiff’s Third Amended Complaint INTRODUCTION…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) Dr. XY is incorrect when he asserts that no new facts have been alleged to support Plaintiffs’ cause of action for elder abuse. New facts have…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) Nursing notes written approximately six hours before Ms. Fine’s family called the paramedics include the following entries: “Resident alert and responsive. Fluids tolerated well. Vital signs…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) Despite repeated complaints from family members and assurances that Decedent’s complaints of pain would be addressed, neither the nursing staff nor Dr. XY intervened in an…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) Plaintiffs’ FAC alleges in paragraphs 9, 19, 20, 21, 24, 25 27, 28 and 29 that while in the care and custody of the moving party,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) C. There Is No Requirement That Plaintiffs Show That Dr. XY Was The Custodian of Claire Fine. In his moving papers, Dr. XY maintains that he…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) A. Decedent Was a Dependent Adult Within the Meaning of Welfare & Institutions Code § 15610.23 Welfare & Institutions Code § 15610.23 defines a dependent adult…