Judge John C. Gastelum, Case 21-01198400 2023-01-09 Tentative Ruling

Judge: John C. Gastelum, Case: 21-01198400, Date: 2023-01-09 Tentative Ruling

(1) Demurrer to Second Amended Complaint (SAC) (2) Motion to Strike (3) Demurrer to Second Amended Complaint (SAC) (4) Motion to Strike (5) CMC

Tentative Ruling:

(1) Defendant VCA ANIMAL HOSPITALS, INC.’s demurrer to the 1^st COA (veterinary malpractice) and

(2) Defendant VCA ANIMAL HOSPITALS, INC. (erroneously sued as VCA Animal Hospital, Inc.) (“VCA”)’s Motion to Strike are off calendar. Notice of Settlement filed.

(3) Defendant QUAIL ANIMAL HOSPITAL and MICHAEL MORGAN, DVM’s demurrer to the 2^nd COA (Intentional Infliction of Emotional Distress) of the SAC is sustained without leave to amend. (See McMahon v. Craig (2009) 176 Cal.App.4th 1502, and SAC¶¶21-24.)

The facts pled here allege negligence and not intentional conduct. Even the alleged conversations Dr. Morgan had with Plaintiffs, suggests surprise that the cat was still alive, and not a desire to see the cat deceased.

Finally, there is no intentional act directed at Plaintiffs, nor was any of the alleged malpractice committed in their presence. Plaintiffs do not demonstrate they have any facts to cure the deficiencies.

Defendants to give notice.

(4) Defendants MICHAEL MORGAN, DVM and QUAIL ANIMAL HOSPITAL’s Motion to Strike is GRANTED with 15 days final leave to amend to the extent it is not rendered moot by the Court’s ruling on the Defendants’ demurrer.