Superior Court of California

County of Los Angeles

North Central District

Department B

andreyass tahmassian, by an through his successors in interest, marajan kasheshian, eileen tahmazian, aida tahmazian, andrew tahmazia, and anaiet tahmasian,

Plaintiffs,

providence health system – southern california d/b/a providence saint joseph medical center, et al.,

Defendants.

Case No.: 24NNCV01157

Hearing Date: October 25, 2024

[TENTATIVE] order RE:

Demurrer; motion to strike

BACKGROUND

A. Allegations

This action arises out of alleged negligent and deliberate disregard by Defendants Providence Health System – Southern California dba Providence Saint Jospeh Medical Center and Providence Health & Services (“Defendants”) for the health and safety of Andreyass Tahmassian (“Decedent”), who was an 88-year-old inpatient of Defendants’ general acute hospital Providence Saint Joseph Medical Center (“Providence”) in April 2023. Plaintiffs include Decedent, by and through his successors in interest, Marajan, Kasheshian, Eileen Tahmazian, Aida Tahmazian, Andrew Tahmazia, and Anaiet Tahmasian (“Plaintiffs”).

Plaintiffs allege that Defendants were required to meet Decedent’s basic needs, such as nutrition, hydration, hygiene, safety, and medical care, as he was admitted with a medical history of hypertensive heart disease, advanced Alzheimer’s, inability to perform his activities of daily living, general muscle weakness, unsteady gait, hypertension, coronary artery disease, hyperlipidemia, benign prostatic hyperplasia, vitamin D deficiency, and mixed incontinence, and was dependent on Providence’s staff for eating, bed mobility, transfers, dressing, toilet use, and personal care. Plaintiffs allege that Defendants were aware of Decedent’s inability to provide for his own basic needs, making him a high risk for skin breakdown and/or bedsores or pressure ulcers. Plaintiffs allege that Defendants’ continued neglect resulted in a severe pressure ulcer on Decedent’s upper and lower back area and testicles. Plaintiffs allege that Defendants’ ongoing neglect, abuse, and abandonment caused Decedent’s pressure ulcers.

Plaintiffs allege that Decedent developed a urinary tract infection, which necessitated antibiotic treatment. After surgery, Decedent was discharged home on April 27, 2023. Plaintiffs allege that Decedent’s health began to deteriorate on April 28, 2023 and he was readmitted to Providence on April 29, 2023, where he was noted to have multiple strokes due to blood clot. On May 8, 2023, Decedent passed away and his death certificate listed cardiopulmonary arrest, acute kidney failure, clostridium difficile, colon cancer, and sepsis as his causes of death.

The complaint, filed April 23, 2024, alleges causes of action for: (1) violations of the Elder and Dependent Adult Civil Protection Act (Welf. & Instit. Code, § 15600 et seq.); (2) negligence; and (3) wrongful death.

B. Motions on Calendar

On September 30, 2024, Defendants filed a demurrer and a motion to strike portions of the complaint.

The Court is not in receipt of an opposition brief. On October 18, 2024, Defendants filed a notice of non-opposition, stating that they did not receive an opposition brief from Plaintiffs.

REQUEST FOR JUDICIAL NOTICE

With the moving papers, Defendants requests judicial notice of Exhibit 1, which includes the Articles of Incorporation of Providence Health System – Southern California, filed with the California Secretary of State, identifying it as a religious corporation. (Cody F. v. Falletti (2001) 92 Cal.App.4th 1232, 1237, fn.2 [taking judicial notice of corporate records such as articles of incorporation filed with the Secretary of State].)

DISCUSSION RE DEMURRER

Defendants demur to the 3^rd cause of action for wrongful death, on the ground that it fails to state sufficient facts to constitute a cause of action against them. Defendants argue that Plaintiffs have not alleged standing to bring a wrongful death claim.

The elements of a wrongful death cause of action are: (1) a wrongful act or neglect on the part of one or more persons that (2) causes (3) the death of another person. (Nogart v. Upjohn Co. (1999) 21 Cal.4th 383, 390.) “[A] wrongful death plaintiff must plead and prove standing….” (Nelson v. County of Los Angeles (2003) 113 Cal.App.4th 783, 789.)

CCP § 377.60 states in relevant part:

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent's personal representative on their behalf:

(a) The decedent's surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent's parents.

(CCP § 377.60(a).) A “wrongful death cause of action is not a survivor claim and may only be brought by persons identified in section 377.60. This statute does not identify decedents or successors in interest as persons with standing.” (Monschke v. Timber Ridge Assisted Living, LLC (2016) 244 Cal.App.4th 583, 588, fn.2.)

At most, the complaint alleges that Plaintiffs include Decedent, by and through his successors in interest, Marajan, Kasheshian, Eileen Tahmazian, Aida Tahmazian, Andrew Tahmazia, and Anaiet Tahmasian. However, merely alleging “successors in interest” is not sufficient to allege standing for the purposes of a wrongful death cause of action. Thus, as currently alleged, the complaint fails to include facts regarding Plaintiffs’ standing to pursue the wrongful death cause of action.

As such, the demurrer to the 3^rd cause of action is sustained with leave to amend.

DISCUSSION RE MOTION TO STRIKE

Defendants move to strike the prayer for relief at page 22, item (b), which requests punitive damages according to proof.

CCP § 425.14 states:

No claim for punitive or exemplary damages against a religious corporation or religious corporation sole shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive or exemplary damages to be filed. The court may allow the filing of an amended pleading claiming punitive or exemplary damages on a motion by the party seeking the amended pleading and upon a finding, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established evidence which substantiates that plaintiff will meet the clear and convincing standard of proof under Section 3294 of the Civil Code.

Nothing in this section is intended to affect the plaintiff's right to discover evidence on the issue of punitive or exemplary damages.

(CCP § 425.14.)

Defendants submitted the Articles of Incorporation of Providence Health System – Southern California, which states that it is a California nonprofit religious corporation. (Def.’s RJN, Ex. 1 [Articles at p.1].) As such, the Court grants the motion to strike the request for punitive damages in the complaint. Plaintiffs may later file a motion to amend the complaint to include punitive damages following discovery in this matter.

The motion to strike is granted without leave to amend.

CONCLUSION AND ORDER

Defendants’ demurrer to the 3^rd cause of action is sustained with 20 days leave to amend.

Defendants’ motion to strike the allegations for punitive damages from the Complaint is granted without leave to amend, at this time. However, Plaintiffs may file a motion to amend the complaint pursuant to CCP § 425.14 if they later obtain evidence that supports a request for punitive damages against Defendants.

Defendants shall provide notice of this order.

DATED: October 25, 2024 ___________________________

John J. Kralik

Judge of the Superior Court