Personal Injury Lawyer Blog
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, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)
PLAINTIFF’S COMPLAINT IS PROPERLY SUBJECT TO DEMURRER
California Code of Civil Procedure § 430.10 provides the proper grounds for demurrer, stating in pertinent 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. At this time, demurring defendants demur solely to plaintiff’s Second cause of action for Wrongful Life and Third cause of action for Willful Misconduct, California Code of Civil Procedure § 430.50(a) states in pertinent part, “A demurrer to a complaint … may be taken to the whole complaint … or to any of the causes of action stated therein.”
It is well settled that a plaintiff must set forth specific facts in a Complaint in order to enable a defendant to intelligently respond to the pleading without having to guess or speculate as to the items of material or essential facts. (Ankenv v. Lockheed Missile & Space Company, (1979) 88 Cal.App.3d 531, 537). In addition, in examining a Complaint for its legal sufficiency to withstand a demurrer, [a] demurrer admits all material and issuable facts properly pleaded [citations omitted]. However, it does not admit contentions, deductions or conclusions of fact or law alleged therein. (Gruenberg v. Aetna Insurance Co, (1973) 9 Cal.3d 566, 572).
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Additionally, in examining a Complaint for its legal sufficiency to withstand a demurrer, [a] demurrer admits all material and issuable facts properly pleaded. However, it does not admit contentions, deductions or conclusions of fact or law alleged therein. (Gruenberg v. Aetna Insurance Co, (1973) 9 Cal.3d 566, 572). (See Part 3 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.