Sacramento Hospital’s Reckless Neglect Of Patient Leads To Elder Abuse Lawsuit, Part 8 of 8

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.)

The First and Second Causes of Action, are Uncertain, as they Fail to Allege Any Specific Wrogndoing by Defendant Dr. Wong.

Under California Code of Civil Procedure, section 430.10(f), a party may demurrer to a pleading on the ground of uncertainty. A demurrer for uncertainty will be sustained only where the complaint is so bad that the defendant cannot reasonably respond; i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her. The Rutter Group, California Practice Guide: Civil Procedure Before Trial, Chapter 7 (I)-A, 7:85.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Plaintiffs fail to allege any inappropriate, nevertheless reckless, conduct on behalf of Defendant Dr. Edward Wong. Plaintiffs make many general allegations and contentions attributable to all defendants as a whole, including health centers, nurses, doctors and hospital staff; however, Plaintiffs fail to distinguish between the alleged roles the individual defendants played in the alleged reckless neglect of decedent. There is not a single allegation specifically directed toward any act or omission by Dr. Wong in the entire 13 page complaint. In fact, a significant portion of the first cause of action, wherein he is specifically named, is directed toward alleged violations of Division 5, Title 22 of the California Code of Regulations, entitled: Licensing and Certification of Health Facilities, Home Health Agencies, Clinics and Referral Agencies.

Dr. Wong is not a nurse, a health facility, a home health agency, a clinic or referral agency, nor is he employed by any of those entities. Thus, by making such generalized allegations against all defendants, Plaintiffs have effectively alleged that Dr. Wong violated statutes that by their definition do not apply to him.

Due to the lack of specificity on the face of Plaintiffs’ Complaint, DR. Wong is unable to answer Plaintiffs’ allegations in the first and second causes of action; thus, Defendant’s demurrer should be sustained on the grounds that the first and second causes of action are uncertain as to Dr. Wong.


Based on the foregoing, it is respectfully requested that Defendant Edward Wong, M.D.’s demurrer be sustained as to the first and second causes of action of Plaintiffs’ Complaint without leave to amend.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Contact Information