MARIA v. SEVENTH AVENUE CENTER
Filed 6/27/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
| MARIA G. QUIROZ, Individually and as Successor, etc., Plaintiff and Appellant, v. SEVENTH AVENUE CENTER et al., Defendants and Respondents. | H028298 (Santa Cruz County Super.Ct.No. CV143176) |
Story continue from Part I ………
Thus, the parties treated the operative pleading as having stated a survivor claim on behalf of Gilbert Quiroz for neglect under the Elder Abuse Act, and they considered this claim to be the target of the defendants' motion for summary adjudication. Despite this consensus as reflected in their motion papers, at the hearing on the motion, the court stated its view that the first amended complaint did not actually plead a cause of action under the Elder Abuse Act, which the court considered to have been invoked only by the remedies sought in the general allegations and in the prayer for relief, i.e., there was no separately stated cause of action specifically alleging only dependent adult abuse. For this reason, the court determined the â€
