Demurrers to Plaintiffs’ Third Amended Complaint OVERRULED in part, SUSTAINED in part with leave to amend. The demurrer to the fourth cause of action, for battery, is sustained with leave to amend. The other demurrers are overruled.
Motion to Strike Portions from Plaintiffs’ Third Amended Complaint GRANTED in part with leave to amend, DENIED in part. The motion to strike is granted, with leave to amend, as to the claim for punitive damages other than the enhanced remedies for elder abuse, solely based on the requirements of Code of Civil Procedure section 425.13. Plaintiff may resolve this issue by seeking to comply with Code of Civil Procedure section 425.13.
Requests for judicial notice is denied as to the purported correspondence from the demurrer facilitator but granted as to the documents on file in the Court’s record.
Demurrer
Second Cause of Action: Elder Abuse
Welfare and Institutions Code section 15610.07 defines “abuse of an elder or a dependent adult” as including “[p]hysica
Hearing Date
February 26, 2020
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Demurrers to Plaintiffs’ Third Amended Complaint OVERRULED in part, SUSTAINED in part with leave to amend. The demurrer to the fourth cause of action, for battery, is sustained with leave to amend. The other demurrers are overruled.
Motion to Strike Portions from Plaintiffs’ Third Amended Complaint GRANTED in part with leave to amend, DENIED in part. The motion to strike is granted, with leave to amend, as to the claim for punitive damages other than the enhanced remedies for elder abuse, solely based on the requirements of Code of Civil Procedure section 425.13. Plaintiff may resolve this issue by seeking to comply with Code of Civil Procedure section 425.13.
Requests for judicial notice is denied as to the purported correspondence from the demurrer facilitator but granted as to the documents on file in the Court’s record.
Demurrer
Second Cause of Action: Elder Abuse
Welfare and Institutions Code section 15610.07 defines “abuse of an elder or a dependent adult” as including “[p]hysica