The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.)
Defendants’ Notice of Demurrer and Demurrer to Complaint; Memorandum of Points and Authorities in Support
Please take notice and notice is hereby given that defendant, Darren White, M.D., will and hereby does demur to the plaintiffs’ complaint, pursuant to Code of Civil Procedure section 430.10(e), on the following grounds:
The fourth cause of action for negligent infliction of emotional distress by plaintiff Thomas Lee fails to state facts sufficient to constitute a cause of action.
This demurrer is based on this notice, the attached memorandum of points and authorities, the documents, records and pleadings on file herein, and upon such further oral and documentary evidence as may be admitted at the hearing of this demurrer. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
MEMORANDUM OF POINTS AND AUTHORITIES
LEGAL AUTHORITY FOR DEMURRER
Code of Civil Procedure section 430.10(e) provides that a party against whom a complaint has been filed may demur on the grounds that the pleading does not state facts sufficient to constitute a cause of action. (See Part 2 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.