Personal Injury Law

Sacramento Family Sues For Elder Abuse, Part 1 of 11

By Moseley Collins, Esq.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/wrongful death case and its proceedings.)

Plaintiffs' Memorandum of Points and Authorities in Opposition to Demurrer by All Defendants with Respect to the Brown Plaintiffs

INTRODUCTION
This is an action for elder abuse, fraud, wrongful death, unfair business practices and related causes of action against the corporate owners and managers of Universal Care?s Alzheimer's and Dementia Care Division.

The Complaint states fifteen causes of action: Elder Abuse-Willful or Reckless Misconduct, Elder Abuse-Neglect, Treble Damages for Deceptive or Fraudulent Practices Against Elderly Persons, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Negligent Hiring, Screening, Retention, Fraud (Concealment), Unfair Business Practices, Disability Discrimination, and Breach of Contract. Plaintiffs seek compensatory damages, restitution, punitive damages, and treble damages.

As discussed below, plaintiffs concede that the Fourteenth and Fifteenth Causes of Action for Breach of Contract and Breach of the Covenant of Good Faith and Fair Dealing are subject to demurrer, and they ask leave to amend those causes of action. Plaintiffs also concede that David Brown, individually, has not stated a claim for Reckless or Intentional Infliction of Emotional Distress, and they ask leave to amend that cause of action. In all other respects, they argue that the demurrer should be overruled.

Full post as published by Sacramento Injury Lawyer Blog on March 02, 2010 (boomark / email).