Case Number: BC697062 Hearing Date: October 19, 2018 Dept: NCE

DEMURRER

MOTION TO STRIKE

[CCP §430.10 et. seq.]

Calendar: 2

Date: 10/19/18

Case No: BC 697062

Moving Party: Defendant Mayur Patel, M.D.

Responding Party: Plaintiffs Laura Vick, Michael Vick and Gary Vick

COURT’S TENTATIVE RULING:

Defendant Patel’s demurrer to the first cause of action of the first amended complaint is sustained without leave to amend. The allegations against Dr. Patel for elder abuse are rather straight forward.

It is alleged that he was the primary care physician to Julie Vick who was in the custodial care of defendant Windsor Gardens. It is further alleged that during her stay at Windsor Gardens, Julie Vick’s health significantly declined and that Dr. Patel was advised of her declining condition by a text message from her daughter to which he did not respond or assess or provide treatment to Julie Vick.

While both parties rely on Carter v. Prime Healthcare Paradise Valley, LLC (2011) 198 Cal.App.4th 396, that case supports defendants position that the second amended complaint fails to sufficiently allege anything that would rise to the level of “egregious” conduct. At best plaintiff has alleged medical negligence.

Although the court will hear from plaintiff on whether further amending would be successful, there does not appear to be anything more that can be alleged about defendant’s conduct.