Fenimore v. Regents of Univ. of Cal.Annotate this Case
In March 2013, George Fenimore, Jr. fell and suffered an injury as a patient at Resnick Neuropsychiatric Hospital and never recovered. George died in July 2013. Plaintiffs filed suit against the Hospital, alleging claims for elder abuse, negligence, negligent hiring and supervision, and wrongful death. The trial court sustained the demurrer of the hospital to the causes of action for elder abuse and negligent hiring and supervision. The court concluded that the first amended complaint stated at least one viable theory of elder abuse based on recklessness. Because the trial court should not sustain a demurrer when the plaintiff has stated a cause of action under any possible legal theory, and it may not sustain a demurrer to only a part of a cause of action, the trial court should enter a new order overruling the demurrer to the elder abuse cause of action. To the extent the trial court ruled general damages were not recoverable for elder abuse, that part of the order should be reversed.