SUBJECT: Demurrer and Motion to Strike

Moving Party: Defendants Astoria 2 and Inna Levin

Resp. Party: None

Defendants’ demurrer to the FAC is OVERRULED.

Defendants’ motion to strike is DENIED.

BACKGROUND:

Plaintiff Faye Siskel commenced this action on June 1, 2018 and filed the operative first amended complaint (“FAC”) on April 10, 2019, asserting causes of action for (1) elder abuse & neglect; (2) breach of fiduciary duty; (3) intentional infliction of emotional distress against Defendants Astoria 2 and Inna Levin. The action pertains to Defendants’ treatment of Plaintiff’s decedent father, Manuel Siskel, while he was at their residential care facility.

On May 10, 2019, Defendants Astoria 2 and Inna Levin (“Defendants”) filed the instant demurrer to the FAC and motion to strike portions of the FAC.

On June 28, 2019, Plaintiff filed a dismissal without prejudice of the second cause of action of the FAC for Breach of Fiduciary Duty.

ANALYSIS:

Defendants demur to the first, sec