California Court of Appeal

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Fenimore v. Regents of the University of California, 262186

In an tort action, a judgment sustaining defendant's demurrer on the cause of action of elder abuse was reversed where: 1) at least one viable theory of elder abuse was stated by plaintiff based on recklessness; 2) the court should not sustain a demurrer when the plaintiff has stated a cause of action under any possible legal theory; and 3) elder abuse plaintiffs may bring a survivor action and recover damages for the elder's predeath pain and suffering.

Appellate Information

  • Decided
  • Published 2016/03/28

Judges

  • FLIER

Court

  • California Court of Appeal

Counsel