Judge: Kenneth J. Medel, Case: 37-2021-00013745-CU-MM-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Medical Malpractice Demurrer / Motion to Strike 37-2021-00013745-CU-MM-CTL SANCHEZ VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA [IMAGED[ CAUSAL DOCUMENT/DATE FILED: Demurrer, 08/16/2023

Defendant, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S UNOPPOSED Demurrer is SUSTAINED with 10 days leave to amend. The Motion to Strike is GRANTED (as to punitive damages) without leave to amend.

This is a wrongful death case based upon allegations of medical malpractice arising from the treatment provided to Decedent Maribel Ramirez. The Complaint was filed on March 29, 2021. The plaintiffs are Decedent's surviving children, Priscilla Sanchez (DOB: 8/3/2012), Daniella Sanchez (DOB: 12/2/2013), and Maribel Elena Sanchez (DOB: 12/27/2017). All plaintiff are minors and therefore lack the legal capacity to sue absent a guardian ad litem (GAL). (CCP 372(a)) To date, it does not appear that a GAL has been formally appointed.

Furthermore, and as detailed below, Plaintiffs' Complaint improperly includes a prayer for punitive damages against a health care provider in violation of Code of Civil Procedure § 425.13 (a). The Court strikes the prayer for punitive damages pursuant to CCP 436.

Calendar No.: Event ID:  TENTATIVE RULINGS

2962946  37