Judge: Lee W. Tsao, Case: 22STCV31694, Date: 2023-09-19 Tentative Ruling

Case Number: 22STCV31694    Hearing Date: March 7, 2024    Dept: C

SOKOL v. NORWALK COMMUNITY HOSPITAL

CASE NO.:  22STCV31694

HEARING:  03/07/24

#4

Defendant MESA VERDE CONVALESCENT HOSPITAL, INC.’s Demurrer to Plaintiffs’ First Amended Complaint is placed OFF-CALENDAR.

Opposing Party to give notice.

This personal injury action was filed by Plaintiff TERESA SOKOL, individually and as the surviving heir, personal representative, and/or successor-in-interest of Decedent, LESTER DALE BILES, and/or as administrator or executor of the Estate of Lester Dale Biles (“Plaintiff”) on September 28, 2022. On October 5, 2023, the operative First Amended Complaint (“FAC”) was filed.

Plaintiff alleges “LESTER DALE BILES (‘DECEDENT’) died on May 16, 2021, from injuries sustained while a patient at KINDRED HOSPTIAL WESTMINSTER…. [¶] DECEDENT also sustained injuries while a patient at MESA VERDE POST ACUTE….” (FAC ¶¶1 and 4.)

The FAC asserts the following causes of action:

(1) Negligence;

(2) Elder Abuse;

(3) Willful Misconduct; and

(4) Wrongful Death

Defendant MESA VERDE CONVALESCENT HOSPITAL, INC. (“Defendant”) specially and generally demurs to each cause of action.

On January 18, 2024, this matter was CONTINUED to March 7, 2024 due to Defendant’s failure to comply with CCP §430.41.

The Court’s March 7, 2024 Order states: “Defendant MESA VERDE CONVALESCENT HOSPITAL, INC. is ORDERED to comply with CCP §430.41. If, after complying with CCP §430.41, court intervention is needed, the parties may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant Demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be e-filed by no later than Monday, February 26, 2024.”

As of March 4, 2024, no declaration in compliance with CCP §430.41 or this Court’s March 7, 2024 Order have been filed. The matter is placed OFF-CALENDAR due to Defendant’s failure to comply with CCP §430.41.