Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.)
PLAINTIFFS’ EIGHTH CAUSE OF ACTION FOR ELDER ABUSE WITH FRAUD STATES A CLAIM.
As discussed above, Welfare & Institutions Code Section 15657 provides for enhanced remedies under the Elder Abuse Act, where it is proven by clear and convincing evidence that a defendant … is liable for … or neglect as defined in Section 15610.57, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse… The Eighth Cause of Action alleges that defendants committed neglect with fraud, based on the fraudulent misrepresentations that defendants made to induce the Brown family to place Mr. Brown at Universal Care.
The Eighth Cause of Action is pled as an alternate to the First Cause of Action for Elder Abuse -Wilful or Reckless Neglect. Defendants contend that plaintiffs cannot plead in the alternative, but they are wrong. It is well established that “a party may plead in the alternative and may make inconsistent allegations.” Adams v. Paul (1995) 11 Cal.4th 583, 593, 594, quoted in Third Eye Blind v. Near North Entertainment Ins. (2005) 127 Cal.App.4th 1311,1323. It is perfectly acceptable to file separate or duplicative causes of action arising from the same set of facts. Eichler Homes of San Mateo, Inc. v. Superior Court (1961) 55 Cal.2d 845, 916.
It is worth noting that situations similar to those described in this case could just as easily occur at any of the residentail elder care facilities in the Sacramento area. (See Part 11 of 11.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.