Judge: James A. Mangione, Case: 37-2023-00032355-CU-MM-CTL, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 22, 2024

02/23/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Medical Malpractice Demurrer / Motion to Strike 37-2023-00032355-CU-MM-CTL GIL VS BRIAN D MUDD DDS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Tri-City Healthcare District dba Tri-City Medical Center's Demurrer is overruled.

Defendant's only basis for the demurrer is the argument that Plaintiffs failed to plead compliance with the Government Claims Act. However, Paragraph 13 sufficiently alleges compliance. Whether Plaintiffs can provide sufficient evidence that they actually complied with the statute is not properly reviewed on a demurrer. As such, the Court will not consider Exhibits A through E attached to the demurrer as they are outside the scope of the Complaint and not subject to judicial notice.

The Court grants Defendant's request to take judicial notice of the fact that it is 'a California public entity formed pursuant to California Health & Safety Code section 32000 et seq.

The minute order is the order of the Court.

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