Plaintiff Doyle O’Neal Blaney moves for summary adjudication of Defendant Golden Care Living’s 3rd, 5th, 6th, 7th, 9th, 12th, and 13th affirmative defenses.

Defendant concedes as to the 12th Affirmative Defense only.


The complaint concerns elder neglect of Plaintiff’s decedent, a resident at Defendant’s facility. The details are not material to this motion which is directed to affirmative defenses.


Third Affirmative Defense

Defendant’s third affirmative defense is that Decedent’s own negligence was the sole or a contributing cause of his injuries, and that he failed to take reasonable precautions for his own safety.

Defendant answered with an unqualified admission to Plaintiff’s Request for admission No. 52, which requested that Defendant admit that it was “aware of no facts which [Defendant] contend[s] support the allegations of [its........