It is worth noting that situations similar to those described in this wrongful death case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)
Memorandum of Points and Authorities in Support of Defendant, Robert Goldstein, D.O.’s Motion for Judgment on the Pleadings
Defendant, Robert Goldstein, D.O. (hereinafter referred to as “Dr. Goldstein”), by and through his attorneys, ABC & Associates, and as and for his Memorandum of Points and Authorities in Support of his Motion for Judgment on the Pleadings to plaintiffs’ First Amended Complaint, states as follows:
INTRODUCTION
On August 2, 2009, plaintiffs, Robyn Lee, individually and as the representative of the estate of James Smith, deceased (hereinafter referred to collectively as, “Plaintiffs”), filed their First Amended Complaint in the above-captioned case. They assert two causes of action against Dr. Goldstein; the second cause of action for medical malpractice – survival action, and the third cause of action for wrongful death. Plaintiffs’ first cause of action for premises liability – survival action is not directed at Dr. Goldstein.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
For the reasons stated below, the court should grant Dr. Goldstein’s motion for judgment on the pleadings on the non-statutory grounds that the second cause of action does not allege a capacity to sue, is uncertain, ambiguous and unintelligible and contains a defect and misjoinder of the parties, and on the statutory ground that it fails to state a cause of action; and on the non-statutory grounds that the third cause of action is uncertain, ambiguous, and unintelligible, and contains a defect and misjoinder of the parties, and on the statutory ground that it fails to state a cause of action. (See Part 2of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.