Trusts and Estates
Doe v. Kachru (2025) 115 Cal.App.5th 175
Filed October 13, 2025
First District, Div. One
By Hengameh Kishani
Temmerman, Cilley, Kohlmann & Norcia LLP
https://www.tcklawfirm.com
Headnote: Litigation – Pleading Elder and Dependent Adult Claims Under Welf. & Inst. Code § 15610 et seq.
Summary: Elder Abuse Act demands both a high level of culpability and sufficiently detailed allegations demonstrating it.
Jane and John Doe chose a specific hospital to give birth under a low-intervention birth plan. When Jane’s labor became prolonged and concerns arose, Dr. Amita Kachru offered two alternative birthing options, a C-section or vacuum-assisting delivery, but Jane objected to both and expressed her wish to continue without those options. Dr. Kachru ultimately performed one of the recommended options, the vacuum-assisted delivery, along with additional birth-related procedures. Jane claimed the procedures were performed without her consent and caused her physical and psychological harm. Jane and her spouse filed suit, asserting claims including dependent adult abuse under Welf. & Inst. Code section 15610 et seq., along with several other causes of action, including medical battery and gender violence under Civil Code section 52.4. The trial court sustained Dr. Kachru’s demurrer to all claims except one (for loss of consortium), which the Does dismissed. The Court entered judgement of dismissal from which Does appealed.
The appellate court affirmed the dismissal of all claims except Jane’s medical battery claim. While the Elder Abuse Act provides protections for elders and dependent adults, it requires allegations demonstrating the wrongdoer acted with “recklessness, oppression, fraud, or malice.” Simply reciting the statutory language is insufficient. Liability under the Act demands a high degree of culpability, supported by clear and convincing evidence.