MacK

MacK v. Lian Soung

Bad Law
2000 Cal. App. LEXIS 384·2000 Daily Journal DAR 5181·80 Cal. App. 4th 966·95 Cal. Rptr. 2d 830·2000 Cal. Daily Op. Serv. 3865
Court of Appeal of CaliforniaMay 17, 2000C031977California3,350 words

Opinion

Opinion

Callahan, J.

This case presents the question of whether plaintiffs, the surviving children of Girtha Mack, can state a cause of action against her former physician for either violation of the Elder Abuse and Dependent Adult Civil Protection Act (the Elder Abuse Act or the Act, Welf. & Inst. Code, § 15600 et seq.), or for intentional infliction of emotional distress. The trial court sustained demurrers to both causes of action without leave to amend.

We will conclude that plaintiffs have sufficiently stated a cause of action against Dr. Lian Soung for elder abuse. In the unpublished portion of this opinion, we agree with the trial court that plaintiffs cannot state a cause of action against the doctor for intentional infliction of emotional distress. We affirm in part and reverse in part with directions.

Background

Since this is an appeal from a judgment entered in defendant’s favor following orders sustaining demurrers without leave to amend, we summarize and accept as tme all material allegations of the complaint. (Hensler v. City of Glendale (1994) 8 Cal.4th 1, 8, fn. 3 [ 32 Cal.Rptr.2d 244 , 876 P.2d 1043 ]; Shoemaker v. Myers (1990) 52 Cal.3d 1, 7 [ 276 Cal.Rptr. 303 , 801 P.2d…

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