Personal Injury Lawyer Blog
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 elder abuse and medical malpractice case and its proceedings.)
Defendant Edward Wong, M.D.’s Memorandum of Points and Authorities in Support of Demurrer to Plaintiffs’ Complaint
Defendant Edward Wong, M.D. (hereinafter “Dr. Wong”) submits the following memorandum of points and authorities in support of his Demurrer to Plaintiffs Debra and Harry White’s Complaint.
INTRODUCTION
This case arises out of the alleged wrongful death of decedent Paul White, due to alleged elder abuse by Defendants. Plaintiffs allege in their Complaint the following causes of action: reckless neglect of an elder/elder abuse, intentional infliction of emotional distress, negligent infliction of emotional distress and wrongful death. This demurrer, on behalf of Defendant Dr. Wong, challenges the sufficiency of the first and second causes of action for reckless neglect of an elder on the grounds that the Complaint fails to state facts sufficient to constitute an action for reckless neglect of an elder/elder abuse and is uncertain as to this defendant.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
LEGAL AUTHORITY
The California Code of Civil Procedure, Section 430.30 authorizes the filing of a demurrer in response to a complaint as follows: (a) When any ground for objection to a complaint …
appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading. Section 430.10 sets forth the various grounds on which a demurrer may be made, providing in relevant part:
The party against whom a complaint … has been filed may object, by demurrer … to the pleading on any one or more of the following grounds … :
(e) The pleading does not state facts sufficient to constitute a cause of action;
(f) The pleading is uncertain. As used in this subdivision uncertain includes ambiguous and unintelligible. (See Part 2 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.