Personal Injury Law

Sacramento-Area Nursing Facility Sued For Abuse, Part 1 of 8

By Moseley Collins, Esq.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.)

Plaintiffs' Opposition to Dr. David XY's Demurrer to Fourth Amended Complaint; Memorandum of Points and Authorities.

MEMORANDUM OF POINTS AND AUTHORITIES

THIS COURT LACKS JURISDICTION TO RULE ON DEFENDANTS' DEMURRERS TO CAUSES OF ACTION ONE AND EIGHT

All Defendants in this action filed Demurrers to Plaintiffs' Second Amended Complaint (SAC). Their moving papers included Demurrers to Plaintiffs' First Cause of Action for Wilful Misconduct and Plaintiffs' Eighth Cause of Action for Negligence. Hearing on the Demurrers took place on June 26, 2008, the Honorable Madeline King presiding. The court overruled all defendants' Demurrers to plaintiffs first and eighth causes of action. A Notice of Ruling was served on all parties on June 27,2008. Defendant Dr. XY did not file an Objection to the Notice of Ruling. Plaintiffs' respectfully request that this court take Judicial Notice under Evid Code § 452 (d) of the Notice of Ruling served by plaintiffs wherein item number 3 specifically states that all parties Demurrers to Causes of Action One and Eight were overruled. Plaintiffs further request that the court take Judicial Notice of the Minute Order from the June 26, 2008 hearing.

A. This Court Lacks Jurisdiction Under C.C.P. § 1008.
Code of Civil Procedure § 1008 forbids trial courts from reconsidering orders previously entered by the judge-either their own or those made by other judges--unless made according to this section. Bennett v. Suncloud, (1997) 56 Cal App. 91. Code of Civil Procedure § 1008 provides in part:

Full post as published by Sacramento Injury Lawyer Blog on July 02, 2009 (boomark / email).