1. Demurrer 2. Motion to Strike
Moving Party: Defendant Jeremy D. Martinez, M.D. Responding Party: Plaintiffs Assaad Kabbout and Samira Kabbout, individually and as successors-in-interest to decedent Ronny Kabbout
Ruling: Defendants’ Demurrer to the first cause of action in the Third Amended Complaint is sustained without leave to amend. (Code Civ. Proc., § 430.10(e).) Defendants’ Motion to Strike is granted, insofar as it is not rendered moot by the Demurrer.
Plaintiff’s first cause of action alleges reckless elder abuse and neglect pursuant to California Welfare & Institutions Code § 15600 et seq. The elements of a cause of action for elder abuse based on neglect are: (i) the defendant had a substantial caretaking or custodial relationship with the plaintiff, involving ongoing responsibility for his or her basic needs, which an able-bodied and fully competent adult would ordinarily be capable of managing without assistance; (ii) the plaintiff was 65 years of age or older or a depende
Hearing Date
April 12, 2021
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1. Demurrer 2. Motion to Strike
Moving Party: Defendant Jeremy D. Martinez, M.D. Responding Party: Plaintiffs Assaad Kabbout and Samira Kabbout, individually and as successors-in-interest to decedent Ronny Kabbout
Ruling: Defendants’ Demurrer to the first cause of action in the Third Amended Complaint is sustained without leave to amend. (Code Civ. Proc., § 430.10(e).) Defendants’ Motion to Strike is granted, insofar as it is not rendered moot by the Demurrer.
Plaintiff’s first cause of action alleges reckless elder abuse and neglect pursuant to California Welfare & Institutions Code § 15600 et seq. The elements of a cause of action for elder abuse based on neglect are: (i) the defendant had a substantial caretaking or custodial relationship with the plaintiff, involving ongoing responsibility for his or her basic needs, which an able-bodied and fully competent adult would ordinarily be capable of managing without assistance; (ii) the plaintiff was 65 years of age or older or a depende