Judge: Jon R. Takasugi, Case: 22STCV08091, Date: 2023-01-06 Tentative Ruling

Case Number: 22STCV08091    Hearing Date: January 6, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND.

            Plaintiff’s Complaint is to be dismissed with prejudice.

On 3/4/2022, Plaintiff April Claudia Ponce de Leon filed suit against Secure Nursing Service, Inc., CHA Hollywood Medical Center, L.P., and Crystal Anderson, alleging: (1) intentional interference with prospective economic advantage; and (2) negligent interference with prospective economic advantage.

            Now, Defendant CHA Hollywood Medical Center, L.P. demurs to Plaintiff’s Complaint.

Discussion

            Defendant argues that Plaintiff’s claims are time-barred as a matter of law. More specifically, Defendant argues that Plaintiff’s allegations all stem from conduct allegedly engaged in by Defendant in 2016, and does not contain any allegations regarding any additional alleged conduct by Defendant. Given that Plaintiff did not file this action until 3/4/2022—more than five years later—Defendant argues that this lawsuit is barred by the two-year statute of limitations that applies to interference with prospective economic advantage claims. Cal. Civ. Proc. Code § 339(1); Augusta v. United Service Automobile Assn. (1993) 13 Cal. App. 4th 4, 10; Edwards v. Fresno Community Hosp. (1974) 38 Cal. App. 3d 702, 706.

            The Court agrees that Plaintiff’s claim appears time-barred on its face. The Court also finds leave to amend is not warranted. In opposition, Plaintiff does not dispute that Defendant’s underlying conduct took place in 2016—i.e., that Defendant sent her home and requested that the agency not send her back after less than one full day of work.

However, Plaintiff argues that “Plaintiff’s claims, however, did not accrue until the conclusion of the Board proceedings on March 4, 2020, the effective date of the Board’s order finding that Plaintiff did not suffer any mental illness impairing her ability to practice nursing safely.” (Opp., 3: 20-21.) Tellingly, Plaintiff does not cite a single case that could show that her claim, brought five and a quarter years after the alleged act of interference, was tolled until the Board’s decision. The alleged harm is that Plaintiff was reported by Defendant as “Do Not Send,” which disrupted her ability to get assigned to jobs through the nursing staffing agencies she worked for. She was reported by Defendant as “Do Not Send” in 2016. As such, Plaintiff’s allegations can only show that the alleged harm was suffered in 2016, not 2020, and thus is time-barred on its face.

Based on the foregoing, Defendant’s demurrer is sustained, without leave to amend.  

It is so ordered.

Dated:  January    , 2023

   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.