Newman

FACTS

At the time of the alleged events giving rise to this action, plaintiff was 65 years old and recovering from surgery and other related health issues. Because plaintiff appeals from the sustaining of a demurrer without leave to amend, the following facts are as alleged in the operative complaint. (See Prakashpalan v. Engstrom, Lipscomb & Lack (2014) 223 Cal.App.4th 1105, 1120 (Prakashpalan) [in reviewing sustaining of demurrer, court must assume truth of complaint’s allegations].) Plaintiff was admitted to a skilled nursing facility owned, controlled, and managed by defendant. He had been diagnosed with, inter alia, anemia, difficulty walking, malaise, diabetes requiring insulin and major depressive disorder. Given his condition, he was taking several medications.

2 Upon plaintiff’s admission, he was evaluated by multiple people, including his own physician and defendant’s employees or agents. They all deemed plaintiff a “fall risk,” with a physical therapy evaluation and treatment plan citing the cause as plaintiff’s “‘documented physical impairments and associated functional deficits.’” Multiple documents dated within one week thereafter reiterated the risk of plaintiff…