TENTATIVE RULING
Calendar: 10
Date: 7/17/20
Case No: 19 STCV25010 Trial Date: None Set
Case Name: McGinnis, et al. v. San Marino Gardens Wellness Center, LP
DEMURRER
MOTION RE RELATED CASE DETERMINATION
[CCP §430.10 et. seq.]
Moving Party: Defendant San Marino Gardens Wellness Center, LP
Responding Party: Plaintiff John A. McGinnis, through his successor in interest,
and Andrew McGinnis
RELIEF REQUESTED:
Sustain demurrer to third cause of action of Complaint
CAUSES OF ACTION: from Complaint
1) Elder Abuse/Neglect
2) Negligence
3) Elder Abuse/Financial
4) Violation of Residents’ Rights
5) Wrongful Death *
*Request for Dismissal of cause of action without prejudice filed and entered 12/11/19
SUMMARY OF FACTS:
Plaintiffs allege that all times mentioned prior to November 3, 2017, decedent John A. McGinnis was a dependent adult as that term is defined in Welfare & Institutions Code section 15610.23, and that after November 4, 2017, decedent was an elder, as that term is
Hearing Date
July 17, 2020
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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TENTATIVE RULING
Calendar: 10
Date: 7/17/20
Case No: 19 STCV25010 Trial Date: None Set
Case Name: McGinnis, et al. v. San Marino Gardens Wellness Center, LP
DEMURRER
MOTION RE RELATED CASE DETERMINATION
[CCP §430.10 et. seq.]
Moving Party: Defendant San Marino Gardens Wellness Center, LP
Responding Party: Plaintiff John A. McGinnis, through his successor in interest,
and Andrew McGinnis
RELIEF REQUESTED:
Sustain demurrer to third cause of action of Complaint
CAUSES OF ACTION: from Complaint
1) Elder Abuse/Neglect
2) Negligence
3) Elder Abuse/Financial
4) Violation of Residents’ Rights
5) Wrongful Death *
*Request for Dismissal of cause of action without prejudice filed and entered 12/11/19
SUMMARY OF FACTS:
Plaintiffs allege that all times mentioned prior to November 3, 2017, decedent John A. McGinnis was a dependent adult as that term is defined in Welfare & Institutions Code section 15610.23, and that after November 4, 2017, decedent was an elder, as that term is