Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
ORIGINAL PROCEEDINGS; petition for writ of mandate No. INC072526, Randall Donald White, Judge.
Sullivan, Hill, Lewin, Rez & Engel, and Brian L. Burchett for Petitioners.
Agajanian, McFall, Weiss, Tetreault & Crist, Scott B. McFall, Abbie Crist, and Donald Ornelas, Jr., for Real Party in Interest Desert Regional Medical Center.
Cole Pedroza, Kenneth R. Pedroza and Joshua C. Traver; Davis, Grass, Goldstein & Housouer, James G. Davis and Stacy Brigham for Real Parties in Interest Leslie A. Powell, M.D., and Oscar Paz-Altschul, M.D.
OPINION
GAUT, Acting P. J.
In this matter, we have reviewed the petition, the oppositions filed by real parties in interest, and the replies. We have determined that resolution of the matter involves the application of settled principles of law and that issuance of a peremptory writ in the first instance is therefore appropriate. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 178.)
In examining the sufficiency of allegations in response to a demurrer, the court must accept as true all well-pleaded facts. (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26.) Whether it is likely that the plaintiff will be able to prove the allegations to be true is immaterial. (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493.) In this case, plaintiffs have alleged that defendants knew that decedent was in need of specific medical treatment and that they affirmatively elected not to provide it. These allegations are adequate to establish elder abuse—that is, a failure to provide needed medical care. (Welf. & Inst. Code, § 15610.57, subd. (a)(2).)
Accordingly, as a matter of pleading, the complaint was sufficient to establish a cause of action under the Elder Abuse and Dependent Adult Civil Protection Act. (Welf. & Inst. Code, § 15600 et seq.) The trial court erred in sustaining the demurrer to that cause of action brought on behalf of decedent.
Let a peremptory writ of mandate issue, directing the Superior Court of Riverside County to vacate its order sustaining defendants’ demurrer to the second cause of action and to enter a new order overruling the demurrer to that count.
In all other respects, the petition is denied.
The parties shall bear their own costs.
Petitioners are directed to prepare and have the peremptory writ of mandate issued, copies served, and the original filed with the clerk of this court, together with proof of service on all parties.
We concur: HOLLENHORST, J. McKINSTER, J.