Judge: Jon R. Takasugi, Case: 20STCV40085, Date: 2022-11-28 Tentative Ruling

Case Number: 20STCV40085    Hearing Date: November 28, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Pomona Valley Hospital’s demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND.

            On 10/19/2020, Plaintiff Marion Newman by and through her successor-in-interest Tiffany Newman, and Tiffany Newman individually filed suit against KND Development 52, LLC dba Kindred Hospital Baldwin Park as Defendant and Debbie Newman, Donna Shelvin, Wesley Newman, Marion Newman, Christine Newman, and Jill Newman as nominal Defendants, alleging: (1) elder abuse; and (2) wrongful death.

            On 5/12/2022, Plaintiff substituted Pomona Valley Hospital Medical Center for Doe 2.

            Now, Pomona Valley Hospital Medical (Pomona Valley) demurs to Plaintiff’s Complaint.

Discussion

            Pomona Valley argues that Plaintiff’s Complaint is severely defective given that it does not contain any allegation of wrongdoing by Pomona Valley. Indeed, Pomona Valley is not even referred to in the Complaint.

            The Court agrees that Plaintiff’s Complaint fails to allege sufficient facts to state a claim against Pomona Valley. Plaintiff must allege facts connecting Decedent’s causes of death to any care and treatment she received at Pomona Valley’s acute care hospital. Pomona Valley is entitled to know at the pleading stage the facts on which Plaintiff basing her claims.

            In opposition, Plaintiff argues that the substantive allegations are sufficient to state a claim for elder abuse and wrongful death. However, the only response provided to the contention that Plaintiff’s Complaint does not allege facts against Pomona Valley is that “Plaintiffs have not had a chance to plead any facts against them.” (Motion, 1: 6-7.)

            Based on the foregoing, Pomona Valley’s demurrer is sustained, with 20 days leave to amend.

It is so ordered.

Dated:  November    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.