McCanic-Thorton vs. Carehouse Healthcare Center

(1) Demurrer to First Amended Complaint (FAC) (2) Motion to Strike
Tentative Ruling: (1) Defendant Carehouse Healthcare Center’s demurrer to the FAC is SUSTAINED with 10 days leave to amend as to the first COA (elder abuse/neglect); OVERRULED as to rest.
(2) Defendant Carehouse Healthcare Center’s motion to strike is GRANTED in part [as to Item Nos. 3-5] and DENIED in part [as to Item Nos. 1-2 & 6].
(1.)
DEMURRER:
First COA (Elder Abuse/Neglect): The FAC fails to adequately allege facts to support a cause of action for elder abuse against Defendant Carehouse Health Center (“Carehouse”). (See FAC, ¶¶ 11-13.) Specifically, the FAC fails to allege specific facts demonstrating ratification or authorization by Carehouse. As a statutory “cause of action,” elder abuse must be pleaded “with particularity.” (See Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 790.)
Second COA (Professional Negligence) and Fourth COA (Wrongful Death): ........