Troy McCoy, an individual, and as successor in interest for A'Mani Chonesiu McCoy, deceased v. Santa Catalina Homes, Saadieh Khalil, Alvin Solomon Cabida, Eric Reyes Dionisio, Community Living Solutions Inc., David Goren, The David Goren Family Trust, and Does 1 to 50, inclusive
Published: Jun. 18, 2016 | Result Date: May 26, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2015-00826792-CU-PO-CJC Demurrer – Defense
Court
Orange Superior
Attorneys
Plaintiff
Marc Lazarus
(Russell & Lazarus APC)
Christopher E. Russell
(Russell & Lazarus APC)
Defendant
Darryl C. Hottinger
(Beach Law Group LLP)
Thomas E. Beach
(Beach Law Group LLP)
David W. Loy
(ACLU Foundation of San Diego and Imperial Counties))
Facts
Amani McCoy was a dependent adult with a history of bipolar schizophrenia. His father, Troy McCoy, sued defendants following an alleged incident that occurred while Amani was in the care of Santa Catalina Home, an adult residential care facility. Troy asserted claims for general negligence; dependent adult abuse/neglect; intentional tort – battery; wrongful death; and negligent hiring, training, supervision and retention of employees.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants failed and neglected their duties and responsibilities to Amani, causing him harm. Specifically, he contended that Alvin Cabida and Eric Reyes Dionisio physically harmed Amani by sitting on Amani with their knees as they held his arms, causing him to pass out and die.
Troy asserted claims for general negligence, dependent adult abuse/neglect, intentional tort, battery, wrongful death, and negligent hiring, training, supervision and retention of employees.
DEFENDANTS' CONTENTIONS:
Defendants contended in their demurrer that plaintiff's complaint failed to state facts sufficient to constitute a cause of action and was uncertain.
Result
The court sustained defendants' demurrer with leave to amend.
Other Information
FILING DATE: Dec. 23, 2015.
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