Motion to set aside default
PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 3 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR JULY 23, 2026, AT 8:30 A.M.
8. S-CV-0056771 HAMMICK, JAMES v. VERNON, JEFFREY
The motion to set aside default is dropped from calendar as no moving papers were filed with the court.
9. S-CV-0056860 ELLIOT, LISA v. VOP SIERRA RIDGE
Defendants’ Demurrer to Complaint
Defendants demurs to plaintiffs’ complaint on the grounds the complaint does not allege facts sufficient to state the first cause of action and the third and fourth causes of action are duplicative. A demurrer tests the legal sufficiency of the pleading, not the truth of the plaintiff’s allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how improbable the allegations may seem. (Del E.
Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, “[i]f the allegations in the complaint conflict with the exhibits, we rely on and accept as true the contents of the exhibits.” (SC Manufactured Homes, Inc. v. Liebert (2008) 162 Cal.App.4th 68, 83.) The court, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.)
First Cause of Action—Elder Abuse by Neglect
Abuse against an elder or dependent adult includes, among others, “neglect.” (Welf. & Inst. Code, § 15610.07
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Neglect is defined as either “(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise [or] (2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.” (Welf. & Inst. Code, § 15610.57, subds. (a)(1)–(2).) This includes, but is not limited to: (1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter. (2) Failure to provide medical care for physical and mental health needs. A person shall not be deemed neglected or abused for the sole reason that the
PLACER SUPERIOR COURT – DEPARTMENT 3 Thursday Civil Law and Motion – Tentative Rulings