Demurrer sustained without leave to amend.
There are no material changes to the Fourth AC for (1) elder abuse, (2) violation of resident’s rights-H&SC § 1430(b) and (3) wrongful death other than providing the job titles of Lauren Votta as director nursing and Walter Long as administrator to show that they are managing agents. Manor Care again demurs to the 1st c/a for elder abuse. Manor Care’s demurrer to the 2nd c/a in the TAC was overruled. Plaintiff has failed to address the deficiencies in each of the court’s prior ruling sustaining the demurrers, the basis for which the court will not repeat here.
This action arises out of the death of Gerald O’Brien at Manor Care’s skilled nursing facility where he was admitted following treatment at Desert Oasis Health Care where Plaintiff alleges that O’Brien developed the GI bleed that is alleged to have caused O’Brien’s death. The gravamen of Plaintiff’s claims against Manor Care is that staff failed to order tests that would have revealed
Hearing Date
March 18, 2021
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Demurrer sustained without leave to amend.
There are no material changes to the Fourth AC for (1) elder abuse, (2) violation of resident’s rights-H&SC § 1430(b) and (3) wrongful death other than providing the job titles of Lauren Votta as director nursing and Walter Long as administrator to show that they are managing agents. Manor Care again demurs to the 1st c/a for elder abuse. Manor Care’s demurrer to the 2nd c/a in the TAC was overruled. Plaintiff has failed to address the deficiencies in each of the court’s prior ruling sustaining the demurrers, the basis for which the court will not repeat here.
This action arises out of the death of Gerald O’Brien at Manor Care’s skilled nursing facility where he was admitted following treatment at Desert Oasis Health Care where Plaintiff alleges that O’Brien developed the GI bleed that is alleged to have caused O’Brien’s death. The gravamen of Plaintiff’s claims against Manor Care is that staff failed to order tests that would have revealed