Judge: Jon R. Takasugi, Case: 20STCV40085, Date: 2023-04-19 Tentative Ruling

Case Number: 20STCV40085    Hearing Date: April 19, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Pomona’s demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND.

Accordingly, Defendant’s motion to strike is MOOT.

            On 10/19/2020, Plaintiff Marion Newman by and through her successor-in-interest Tiffany Newman, and Tiffany Newman individually filed suit against KND Development 52, LLC dba Kindred Hospital Baldwin Park as Defendant and Debbie Newman, Donna Shelvin, Wesley Newman, Marion Newman, Christine Newman, and Jill Newman as nominal Defendants. On 1/6/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) elder abuse; and (2) wrongful death.

            On 5/12/2022, Plaintiff substituted Pomona Valley Hospital Medical Center for Doe 2.

            Now, Pomona Valley Hospital Medical (Pomona or Defendant) demurs to Plaintiff’s FAC. Defendant also moves to strike portions of Plaintiff’s FAC.

Discussion

            Pomona argues that Plaintiff has failed to allege elder abuse and wrongful death with the requisite specificity.

            The Court agrees.

In relation to the claims being subject to demurrer, to state a private cause of action for elder abuse, the plaintiff must plead facts showing two elements: (1) the defendant has subjected an elder to statutorily-defined physical abuse, neglect or financial abuse; and (2) the defendant acted with recklessness, malice, oppression, or fraud in the commission of the abuse. (Welf. & Inst. Code § 15657.) “Neglect” in this case is statutorily defined in relevant part as “[t]he negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise” (Welf. & Inst. Code § 15610.57,¿subd. (a)(1)); and “abuse” is defined in relevant part as “[p]hysical¿abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering” or “[t]he deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.”¿(Id., § 15610.07,¿subd. (a)(1)-(2).)¿

            Here, Plaintiff alleges that Decedent was not provided with the proper supervision and care necessary to prevent her from developing pressure injuries and skin breakdown. Plaintiff also alleges that Decedent developed sepsis, which ultimately was listed as one of her causes of death.  However, Plaintiff’s FAC creates uncertainty as to what entity was providing what care, thereby creating further uncertainty as to whether or not Plaintiff’s alleged facts could show the requisite causation.

Plaintiff alleges that Decedent was admitted to Pomona free of pressure injuries and skin breakdown, and that from 2/5/2020-2/22/2020, she developed pressure injuries. (FAC ¶¶ 33-38.) Plaintiff alleges that on 2/22/2020, Defendant discharged Decedent to Pomona Valley Rehabilitation Center for skilled nursing care. (FAC ¶ 38.) However, Plaintiff alleges that on 3/25/2020, Decedent was admitted to Kindred Hospital Baldwin Park. While at Kindred Hospital Baldwin Park, Decedent developed sepsis, and on 7/20202 was placed in the ICU and pronounced dead that same day.

As such, there was a five month separation between the care Decedent received at Pomona Valley Hospital Medical Center—the moving party here—and her death five months later under the care of Kindred Hospital Baldwin Park, Plaintiff must allege additional facts which could show a causal connection between the alleged skin breakdown in Defendant’s care and her eventual death while in the care of another facility. In particular, Plaintiff must allege particular facts related to Decedent’s alleged skin breakdown, and the circumstances surrounding her breakdown attributed to alleged wrongdoing. Plaintiff must also allege specific facts which could show how Defendant’s staff caused the alleged skin breakdown, and how those injuries caused her development of sepsis, and eventually her death. Plaintiff’s conclusory and boilerplate allegation that Defendant did not provide “necessary supervision” as well as “needed medical care and services” is insufficient. 

            Plaintiff’s second cause of action suffers from the same deficiencies. To support a cause of action for wrongful death, a plaintiff must not only prove that a defendant was negligent, but that the negligence was the legal cause of any alleged injuries. Here, Plaintiff has not alleged sufficient facts which could show how Defendant’s staff caused the alleged skin breakdown, and how that caused her death five months later while in the care of Kindred Hospital Baldwin Park.

            However, the Court notes that Plaintiff’s allegations are sufficient at the pleading stage to show that Defendant is a long-term care facility. While Defendant may strongly refute this contention, the Court must accept-well pled allegations as true. As such, a determination as to whether or not Defendant does, in fact, meet the criteria for a long-term care facility is not properly decided at this stage.

            Based on the foregoing, Defendant’s demurrer is sustained, with 20 days leave to amend.

It is so ordered.

Dated:  April    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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