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Worsham v. O'Connor Hospital

California Court of Appeals, Sixth District

April 23, 2014

GREGORY WORSHAM, Plaintiff and Appellant,
v.
O'CONNOR HOSPITAL et al., Defendants and Respondents.

Santa Clara County Super. Ct. No. CV197683.

Page 332

[Copyrighted Material Omitted]

Page 333

COUNSEL

Garcia, Artigliere & Schadrack, Stephen M. Garcia and David Medby for Plaintiff and Appellant.

Sheuerman, Martini & Tabari and Cyrus A. Tabari for Defendants and Respondents.

Page 334

OPINION

RUSHING, P.J.

Appellant Gregory Worsham[1] has two appeals pending in this court. They both arise from the same case in the Santa Clara County Superior Court. In the underlying case, Worsham alleged negligence and elder abuse against two separate defendants, O’Connor Hospital (O’Connor) and Daughters of Charity Health System (Daughters of Charity). The court sustained O’Connor and Daughters of Charity's demurrer to Worsham’s elder abuse claim in his second amended complaint without leave to amend. Following this ruling, Worsham dismissed his negligence cause of action, and judgment was entered in favor of O’Connor and Daughters of Charity.

Worsham now appeals the court’s ruling sustaining the demurrer to the elder abuse cause of action without leave to amend. Despite filing an appeal as to defendant Daughters of Charity Health, Worsham states in his opening brief that he only challenges the trial court’s rulings as they pertain to O’Connor. We deem Worsham’s statement as a request for dismissal of the appeal as to defendant Daughters of Charity and will dismiss the appeal accordingly.

With regard to defendant O’Connor, Worsham asserts the trial court abused its discretion in sustaining the demurrer to the elder abuse claim without leave to amend.

Statement of the Facts and Case

Juanita Worsham entered O’Connor on July 31, 2010 to undergo hip surgery to treat a fractured hip she suffered as a result of falling in her home. Following surgery, Ms. Worsham was discharged to O’Connor's transitional ...


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