Personal Injury Lawyer Blog
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.
(Please 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.)
It is worth noting that situations similar to those described in this medical negligence case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.
Plaintiff’s Complaint is Uncertain Because There Are No Facts to Support a Cause of Action for Unfair Business Practices
Business & Professions Code §17200 (aka Unfair Competition Law or UCL ) prohibits unfair competition, which includes any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with section 17500) of Part 3 of Division 7 of the Business and Professions Code. An unfair business act occurs if it offends an established public policy or when the practice is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers. To plead Business & Professions Code §17200, plaintiff must state with reasonable particularity facts to support the statutory elements of the violation. Khoury v. Malv’s of California, Inc. (1993) 14 Cal.App.4th 612.
Here, plaintiff’s complaint, at page 5, sets forth a claim titled Unfair Business Practices and alleges that plaintiff’s allegations as set forth before and general allegations below constitute the facts in support of this claim. For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.
The only allegations are those concerning NMC’s medical care rendered to plaintiff’s decedent. Accordingly, it appears that plaintiff claims defendant violated Business & Professions Code §17200, et. seq., by allegedly providing negligent medical care to plaintiff’s decedent. It is entirely unclear how this allegation amounts to an unfair business claim. In fact, a claim for unfair business practices does not exist under the circumstances presented in plaintiff’s complaint.
Plaintiff has failed to plead any facts in support of such a cause of action. Therefore, the second cause of action is uncertain and fails to allege facts sufficient to state a cause of action.
(See Part 6 of 6.)
For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.