Recent Wins

Nov 03, 2011 , Martin Stein Healthcare Law
Court of Appeal affirms judgment in favor of GMSR’s client

Wachtel v. Regents, et al. (2011) 2011 Cal.App. Unpub. LEXIS 8410 (California Court of Appeal, Second Appellate District, Division Three) [unpublished]. The Court of Appeal affirmed a judgment in favor of GMSR’s client, The Regents of the University of California, and multiple other medical defendants after the trial court sustained a demurrer without leave to amend on the plaintiffs’ sixth attempt to amend their complaint to state viable causes of action against the healthcare entities and their physicians that had treated the decedent. The court found that while plaintiffs/appellants conceded the demurrers to the elder abuse cause of action were properly sustained, their proposed amended complaint still did not cure the defects: They repeatedly failed to properly plead a cause of action for violation of the elder abuse act, and did not allege sufficient facts against the corporate employers—the Regents and Tarzana Medical Center. The court also found that plaintiffs’ cause of action for wrongful death was time-barred and could not be saved by the relation-back doctrine.