IAN HANNAH VS COMFORT HOME FOR THE ELDERLY, ET AL.

Case No.: 19STCV42224     Track Rulings In Case

Tentative Ruling

Ian Hannah v. Comfort Home for the Elderly, Case No. 19STCV42224

Hearing Date September 16, 2020

Defendants’ Demurrer to First Amended Complaint

Plaintiff’s Motion for Leave to File Second Amended Complaint

Plaintiff alleges defendants, elder care facility owner/operators, neglected plaintiff’s deceased mother. Defendants RNS Management Corp. and Socorro Trinidad demur to the causes of action for willful misconduct and unfair business practices. Plaintiff moves for leave to file a second amended complaint.

Defendants’ Demurrer to First Amended Complaint

Willful Misconduct

Willful misconduct is not a separate tort but an aggravated form of negligence. Berkley v. Dowds (2007) 152 Cal.App.3d 341, 360. The elements of willful misconduct are (1) knowledge of the peril, (2) knowledge injury is a probable result, and (3) conscious failure to avoid the peril. I........