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