Supreme Court of California

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Winn v. Pioneer Medical Group, 211793

In an action brought under the Elder Abuse and Dependent Adult Civil Protection Act, Welf. & Inst. Code section 15600 et seq., the Court of Appeal's reversal of a trial court order sustaining defendants' demurrer is reversed where: 1) the Act does not apply unless the defendant health care provider had a substantial caretaking or custodial relationship, involving ongoing responsibility for one or more basic needs, with the elder patient; and 2) plaintiffs cannot adequately allege neglect under the Elder Abuse Act because defendants did not have a caretaking or custodial relationship with the decedent.

Appellate Information

  • Decided
  • Published 2016/05/19

Judges

  • CUELLAR

Court

  • Supreme Court of California

Counsel