Judge: Carolyn M. Caietti, Case: 37-2023-00030798-CU-PO-CTL, Date: 2024-03-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 21, 2024

03/22/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00030798-CU-PO-CTL CRUZ VS UCSD HILLCREST MEDICAL CENTER [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Defendant The Regents of the University of California's Demurrer to Plaintiff's Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Defendant The Regents of the University of California's Motion to Strike Portions of Plaintiff's Complaint is OFF CALENDAR as moot.

Demurrer A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) The complaint must be liberally construed and given a reasonable interpretation, with a view to substantial justice between the parties. (Amarel v. Connell (1988) 202 Cal.App.3d 137, 140–141; see also, Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1111-12 [in ruling on demurrers, courts treat as being true 'not only the complaint's material factual allegations, but also facts that may be implied or inferred from those expressly alleged'].) The demurrer is unopposed; thus, Plaintiff impliedly concedes on the merits. (San Diego Local Rule 2.1.19(B).) In addition, each cause of action fails to state sufficient facts and is uncertain. (C.C.P., § 430.10(e), (f).) Notwithstanding, the Complaint fails to state facts and it is unclear about what Defendant did, the dates of the conduct and the identity of the allegedly responsible individuals. Defendant is not put on sufficient notice of the claims in this case.

Plaintiff did not request leave to amend, nor identify any facts to cure the defects raised in the demurrer.

(Ko v. Maxim Healthcare Services, Inc. (2020) 58 Cal.App.5th 1144, 1150 (explaining the plaintiff has the burden of proving an amendment would cure the legal defect.) Thus, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND.

Motion to Strike In light of the ruling on demurrer, the motion to strike is moot and ordered OFF CALENDAR.

Concluding Orders Calendar No.: Event ID:  TENTATIVE RULINGS

3008817  46 CASE NUMBER: CASE TITLE:  CRUZ VS UCSD HILLCREST MEDICAL CENTER [E-FILE]  37-2023-00030798-CU-PO-CTL Defendant is ordered to: (i) prepare and submit a proposed judgment of dismissal; and (ii) serve written notice of this ruling on all appearing parties by March 26, 2024, if the tentative ruling is confirmed without modification.

This ruling is dispositive of the case. The Case Management Conference is vacated.

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3008817  46