Judge: Craig Griffin, Case: "Vedder v. Prime Healthcare Huntington Beach, LLC", Date: 2022-12-05 Tentative Ruling

The unopposed Demurrer by Prime Healthcare Huntington Beach, LLC DBA Huntington Beach Hospital (“Hospital”) to the 1^st and 4^th causes of action in the complaint filed by plaintiffs Ian Vedder and Lori Norrick is SUSTAINED with 20 days leave to amend.

Hospital demurs to the First Cause of Action for Professional Negligence/Medical Malpractice and Fourth Cause of Action for Negligent Hiring, Supervision, Training and Retention of Employee/Agent based on the ground that Plaintiffs do not possess standing to sue. (Code of Civil Procedure §430.10(b).)  This is a wrongful death action.  Ian Vedder is the son of decedent Eric Steven Vedder and Lori Norrick is the domestic partner of decedent Eric Steven Vedder.  Complaint does not allege that the 1^st and 4^th causes of action are brought by the plaintiffs as the decedent’s personal representative or that they are brought by decedent’s successor in interest.  (CCP §§377.34, 377.30)  Accordingly, plaintiffs have failed to allege standing to bring these claims.  Further, plaintiffs have failed to file a declaration required pursuant to CCP §377.32.

Moving party is ordered to give notice of this ruling.