Judge: John J. Kralik, Case: 25NNCV01089, Date: 2025-05-02 Tentative Ruling
Case Number: 25NNCV01089 Hearing Date: May 2, 2025 Dept: NCB
North
Central District
|
Jane doe, Plaintiff, v. glendale
adventist medical center, et al., Defendants. |
Case
No.: 25NNCV01089 Hearing
Date: May 2, 2025 [TENTATIVE]
order RE: motion for consolidated service of
process |
BACKGROUND
A.
Allegations
Plaintiff Jane Doe (“Plaintiff,” a
self-represented litigant) alleges that she presented at Defendant Glendale
Adventist Medical Center (“GAMC”) with a dislocated shoulder. Plaintiff alleges that Defendants GAMC, Ryun
Wayne Harper, M.D. (“Dr. Harper”), and Andy Wai Ming Wong, M.D. (“Dr. Wong”)
denied access to necessary medical treatment and medication. She also alleges that she was forcibly
restrained.
The complaint, filed February 14, 2025,
alleges causes of action for: (1) medical malpractice; (2) negligence; (3)
battery; (4) false imprisonment; (5) IIED; (6) fraudulent concealment; (7)
violation of Civil Rights; (8) violation of Patient Rights; (9) violation of
ADA rights; (10) violation of HIPAA; (11) slander and libel; and (12) request
for expedited discovery.
B.
Motion on Calendar
On April 9, 2025,
Plaintiff filed a motion for consolidated service of process for GAMC and
associated defendants.
The Court is not in receipt of an
opposition brief.
DISCUSSION
Plaintiff moves for consolidated
service of process for GAMC, Dr. Harper, and Dr. Wong, and a request for a
30-day extension of time to complete service. Plaintiff argues that the Risk Assessment
Department at GAMC raised concerns regarding personal service of individual
doctors while they are performing medical duties, such that Plaintiff seeks
consolidated service through GAMC to eliminate these risks and to ensure that
all parties are served. Plaintiff relies
on CCP § 416.10.
CCP § 416.10 states, in relevant
part:
A summons may be served on a corporation
by delivering a copy of the summons and the complaint by any of the following methods:
(a) To the person designated as agent for service of process as provided
by any provision in Section 202, 1502, 2105, or 2107 of the Corporations Code (or
Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the
Corporations Code, as in effect on December 31, 1976, with
respect to corporations to which they remain applicable).
(b) To the president, chief executive officer, or other head of the corporation, a vice president, a
secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial
officer, a general manager, or a person authorized
by the corporation to receive service of process.
(CCP
§ 416.10(a)-(b).)
Section 416.10 applies to corporate
entities. As such, service on GAMC may
be proper pursuant to section 416.10; however, Dr. Wong and Dr. Harper are not
corporate entities. As such, they should be served pursuant to the Code of
Civil Procedure, as there are alternate means to serve individuals.
Next, Plaintiff requests for an
extension of time to serve the parties due to health complications, retaliation
and interference, financial hardship, and the Safe at Home program delays. The only matter on calendar with this
Department in this action is a Case Management Conference set for August 4,
2025. If there are concerns with service
delays, updates on service may be provided at that time. The Court declines to impose an “extension”
of time for service. Plaintiff should
continue engaging in efforts to serve Defendants pursuant to the methods
delineated in the Code of Civil Procedure.
For these reasons, the motion is
denied in its entirety.
CONCLUSION
AND ORDER
Plaintiff’s motion for consolidated
service of process and for an extension of time to service is denied.
Plaintiff shall provide notice of this
order.
DATED:
May 2, 2025 ___________________________
John
J. Kralik
Judge
of the Superior Court