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KMS Partner Jason Petersen Eliminates Intentional Claims on Demurrer

Partner Jason Petersen presented a demurrer to Plaintiff’s causes of action for elder abuse and fraud against a Defendant hospice and home health care provider for alleged withholding of care in a residential care facility and fraudulent misrepresentation about the services that were provided. The demurrer argued that Plaintiff was unable to establish a custodial care relationship or evidence of corporate ratification to support the elder abuse cause of action in the operative pleading and that Plaintiff had not offered sufficient facts of fraudulent misrepresentation. Persuaded by the briefing on the issue, the Court ruled in favor of Defendant and sustained the demurrer to Plaintiff’s causes of action for elder abuse and fraudulent misrepresentation without leave to amend. This result materially changed the value of the case and allowed for Defendant to secure a favorable result.