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
Hearing Date
July 18, 2019
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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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