Sunday, August 14, 2016

Judge Overrules Another Demurrer in Jahi McMath Brain Death Case




Judge Pulido (Alameda County)

The trial judge in Jahi McMath's state malpractice has overruled another defendant's demurrer to McMath's first amended complaint.



This is not a surprise, since the court had already denied other defendants' demurrers on the same grounds.  Here is the relevant portion of the Order.  



"Defendant's contention that Plaintiffs are estopped from alleging in the First Amended Complaint that Jahi McMath is still alive, and therefore has standing to sue for medical malpractice, is not accepted. The Court has already ruled that Defendant's collateral estoppel argument cannot be resolved at the pleading stage, and that ruling was recently affirmed by the court of appeal in an 


order filed on July 12, 2016."




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