Dept. F-49
Calendar # 5
Date: 8-24-20 c/f 4-29-20
Case #19STCV39610
DEMURRER/MOTION TO STRIKE
MOVING PARTY: Defendants, Atria Senior Living, Inc., et al.
RESPONDING PARTY: Plaintiff, Miriam Stosser
RELIEF REQUESTED
Demurrer to the Complaint
· 1st Cause of Action: Statutory Elder Abuse and Neglect
Motion to Strike
· Allegations in support of, and claim for, punitive damages
· Prejudgment Interest, Treble Damages, General Damages
SUMMARY OF ACTION
Plaintiff Miriam Stosser was a resident in an assisted living facility owned and/or operated by Defendants Atria Senior Living, Inc. and Atria Santa Clarita. On August 11, 2019, Plaintiff requested a transfer from her wheelchair to her bed. The unidentified staff member attending to Plaintiff at the time was pregnant and restricted to “light duty,” and therefore unable to perform a patient transfer. Regardless, the employee attempted to transfer Plaintiff by grabbing her left hand and pulling her over the bed. The action caused a
Hearing Date
August 24, 2020
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Dept. F-49
Calendar # 5
Date: 8-24-20 c/f 4-29-20
Case #19STCV39610
DEMURRER/MOTION TO STRIKE
MOVING PARTY: Defendants, Atria Senior Living, Inc., et al.
RESPONDING PARTY: Plaintiff, Miriam Stosser
RELIEF REQUESTED
Demurrer to the Complaint
· 1st Cause of Action: Statutory Elder Abuse and Neglect
Motion to Strike
· Allegations in support of, and claim for, punitive damages
· Prejudgment Interest, Treble Damages, General Damages
SUMMARY OF ACTION
Plaintiff Miriam Stosser was a resident in an assisted living facility owned and/or operated by Defendants Atria Senior Living, Inc. and Atria Santa Clarita. On August 11, 2019, Plaintiff requested a transfer from her wheelchair to her bed. The unidentified staff member attending to Plaintiff at the time was pregnant and restricted to “light duty,” and therefore unable to perform a patient transfer. Regardless, the employee attempted to transfer Plaintiff by grabbing her left hand and pulling her over the bed. The action caused a