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