(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.)
Plaintiffs’ Opposition to Demurrer of Defendant Nationwide Skilled Nursing Facility and Memorandum of Points and Authorities
Plaintiffs file their Opposition to Demurrer of Defendant Nationwide Skilled Nursing Facility to the Second Cause of Action in of Plaintiffs’ Complaint currently set for hearing. The Opposition will be based on the following:
1. Defendant has failed to properly deal with the content of the Complaint in that the initial basis for the Demurrer is that Paragraphs 18-20 do not state sufficient facts. Defendant does not cite the court to Paragraph 17 which incorporates all of the facts stated in the First Cause of Action. Thus, no basis for the Demurrer has been stated.
2. Plaintiffs have pleaded sufficient facts, including a 10-hour delay in treating a patient with a head injury who was on anticoagulant therapy, was aged, and had suffered a stroke. Further, Plaintiff has pleaded that Defendant ignored direct orders of the forwarding physician that decedent be restrained to prevent exactly the situation that occurred.
3. Defendant has confused pleading and proof in the motion. At this time, Plaintiffs have not requested punitive damages in order to meet the requirements of C.C.P. §425.13 and need not meet the pleading requirements of C.C.P. §3294 until the motion to amend the complaint is heard. Thus, the pleading is more than sufficient in view of the pleading of the willful and intentional acts contained in the complaint.
The present opposition will be based on the within Memorandum of Points and Authorities, the pleadings and papers in the files of the court and such other and further oral and documentary evidence as may be adduced at the hearing on the merits of the motion. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.