Worsham

DISCUSSION

On appeal, Worsham asserts the trial court erred in sustaining O’Connor’s demurrer to the elder abuse cause of action without leave to amend.2 A demurrer tests the legal sufficiency of the complaint. We review the complaint de novo to determine whether it alleges facts sufficient to state a cause of action. For purposes of review, we accept as true all material facts alleged in the complaint, but not

2 Although the notice of appeal also lists the motion for consideration, Worsham makes no arguments in his appellate briefs regarding the motion, or whether it was incorrectly denied by the trial court. 3 contentions, deductions or conclusions of fact or law. We also consider matters that may be judicially noticed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Elder abuse claims arise under the Elder Abuse Act found in sections 15600 et seq. “The Elder Abuse Act makes certain enhanced remedies available to a plaintiff who proves abuse of an elder, i.e., a ‘person residing in this state, 65 years of age or older.’ (Welf. & Inst.Code, § 15610.27.) In particular, a plaintiff who proves ‘by clear and convincing evidence’ both that a defendant is liable for physical abuse,…