Judge: Elaine W. Mandel, Case: 22SMCV00803, Date: 2022-08-11 Tentative Ruling

Case Number: 22SMCV00803    Hearing Date: August 11, 2022    Dept: P

Tentative Ruling
Johnson v. Beverly Hills Properties, LLC (BHP) et al., Case No. 22SMCV00803
Hearing Date August 11, 2022
Defendants BHP and Rochelle Sterling’s Demurrer to Complaint (UNOPPOSED)

Plaintiff Johnson is defendant BHP’s tenant. BHP filed an unlawful detainer complaint against Johnson on May 18, 2022. Johnson sued BHP, alleging retaliation, substandard conditions, and elder abuse. BHP and Sterling demur to the elder abuse cause of action.

A statutory cause of action, including a claim for elder abuse, is subject to a heightened pleading standard. Carter v. Prime Healthcare Paradise Valley, LLC (2011) 198 Cal.App.4th 396, 408. An elder abuse cause of action based on neglect requires a caretaking or custodial relationship between plaintiff and defendant. Oroville Hospital v. Superior Court (2022) 74 Cal.App.5th 382, 402-411.

BHP and Sterling argue the elder abuse claim is overly vague, does not allege a caretaking or custodial relationship and does not allege any specific wrongdoing by non-landlord defendant Sterling. The elder abuse cause of action is conclusory, lacking the specificity required. Additionally, no caretaking/custodial relationship is alleged. Complaint ¶¶46-50.

No opposition was filed. SUSTAINED.