Taylor
Taylor v. Mitzel
Opinion
Opinion
Regan, J.
In this action plaintiffs appeal from a judgment of dismissal entered upon an order sustaining defendants’ general demurrers to plaintiffs’ first amended complaint, without leave to amend.
This complaint alleged three causes of action. First, a conspiracy was asserted among defendants to deprive plaintiff Andrew Martin Taylor (Taylor) of his federal civil rights (consisting of entitlement to Medi-Cal services). Second, intentional injuries were alleged to the hearts and nervous systems of Taylor’s mother and aunt, Mary Taylor and Catherine Hutek, respectively. These injuries were assertedly caused by wilful misconduct of defendants in refusing Medi-Cal benefits to Taylor. Mary and Catherine were allegedly present with Taylor, and in attendance upon him, when he suffered a high fever and other suffering resulting from lack of Medi-Cal services. Maiy and Catherine were thereby put in fear for their own safety and suffered great emotional shock, disturbance and injury to their nervous systems. Third, negligent conduct of defendants in failing or refusing to accord Medi-Cal benefits to Taylor caused emotional disturbance, shock and physical injury to the hearts and nervous…