DEMURRER

[CCP §430.10 et. seq.]

Date: 3/13/20

Case: Verkin Kiredjian v. Autumn Hills Healthcare Center et al. (19STCV26239)

TENTATIVE RULING:

As discussed below, the Demurrer by Defendants Autumn Hills Operating Company, LP and Mariner Health Central is OVERRULED. Defendants have ten (10) days to Answer.

I. FIRST CAUSE OF ACTION: ELDER ABUSE

With respect to the first cause of action for Elder Abuse, “[t]he plaintiff must allege (and ultimately prove by clear and convincing evidence) facts establishing that defendant: (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene, or medical care; (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs; and (3) denied or withheld goods or services necessary to meet the elder or dependent adult’s basic needs, either with kn........