Plaintiff have filed a second amended complaint (SAC) after a demurrer was sustained with leave to amend as to the first amended complaint. Defendants Dr. Morin and Morin Medical Group ("Morin") and nurse practitioner Joanne Beth Schilperoort ("Schilperoort") demurrer as to the first and third causes of action of the SAC and move to strike portions thereof.
Demurrer
First Cause of Action: Elder Abuse
Fundamentally, the allegations of the first cause of action of the SAC suffer from the same deficiencies as its predecessor. Namely, the facts alleged describe the failure to provide adequate care and treatment, and not a failure to provide any care and treatment. The court incorporates by reference its analysis stated in the May 7, 2012 minute order, which remains determinative.
In an attempt to avoid this shortcoming, plaintiffs have added allegations suggestive of a medical battery. Specifically, plaintiffs now allege that the decedent lacked "the capacity to make an informed decision r