Judge: James A. Mangione, Case: 37-2023-00005032-CU-MM-CTL, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 05, 2024

04/05/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Medical Malpractice Motion Hearing (Civil) 37-2023-00005032-CU-MM-CTL LEA VS BOONJINDASUP M D [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's Motion for Relief from Filing a Government Claim is granted.

'Where provision is made by or pursuant to law that no suit may be brought against a public agency as defined in Section 53050 unless and until a claim is presented to the agency, the failure to present a claim does not constitute a bar or defense to the maintenance of a suit against the public agency if, during the 70 days immediately following the accrual of the cause of action . . . [n]o statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, as required by Section 53051. (Gov. Code, § 946.4(a)(1).) If there is a question of fact on this issue, 'the burden of proof is upon the public agency.' (Id. § 946.4(b).) Here, Plaintiff has provided evidence that no such filing was made for Urology San Diego or La Costa Urology, Inc. (NOL, Exs. G & H.) Furthermore, the Secretary of State filing lists Jason Phillips, M.D., as the full owner of La Costa Urology, Inc. (Id., Ex. I.) Tri-City has provided no evidence demonstrating compliance with Section 946.4 and failed to address the argument in any briefing.

The Court finds that there is no requirement to file a claim under the Government Claims Act pursuant to Government Code § 946.4(a)(1). Plaintiff is granted leave to file an amended complaint within fourteen (14) days.

Based on the Court's above ruling, Defendant Tri-City Healthcare District dba Tri-City Medical Center's Demurrer is overruled.

All requests for judicial notice are granted.

The minute order is the order of the Court.

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