Judge: Malcolm Mackey, Case: 21STCV24997, Date: 2022-09-15 Tentative Ruling
Case Number: 21STCV24997 Hearing Date: September 15, 2022 Dept: 55
HOWARD
v. CLINICA
MEDICA GENERAL 21STCV24997
Hearing Date: 9/15/22,
Dept. 55
#7: DEMURRER TO PLAINTIFF’S FIRST AMENDED
COMPLAINT.
Notice: Okay
No
Opposition
MP:
Defendant PATTY VALENCIA.
RP:
Summary
On 7/6/21, Plaintiff SONYA HOWARD, a self-represented
litigant, filed a form Complaint,.
On 4/13/22, Plaintiff filed a First Amended Complaint,
alleging that, an attorney and agency illegally obtained Plaintiff’s insurance
without written consent, and violated confidentiality as to medical
information.
The causes of action are: VIOLATION OF FEDERAL HIPAA LAW; INVASION OF PRIVACY; IDENTITY THEFT; ATTORNEY MISCONDUCT; and BREACH
OF PRIVACY.
MP
Positions
Moving party requests an order sustaining the demurrer
to the First Amended Complaint, on grounds including the following:
·
The pleading
fails to allege any facts, other than the vague allegation that an “Attorney
and Agency” illegally obtained her medical insurance.
·
Plaintiff’s
claims including fraud her FAC fail to allege any facts, let alone with
particularity, that Defendant made an intentional statement or omission for the
purposes of injuring Plaintiff, or to deprive of a legal right.
·
Plaintiff
alleges the action is subject to Civil Code § 1812.10; however, that Section
sets forth the proper jurisdiction to bring an action on a contract or
installment account, which does not apply to the allegations.
·
Plaintiff states
allegations on information and belief based upon Civil Code § 2.6—a section of
the civil code that relates to recreational vehicle park occupancy law, which
does not apply to the allegations.
·
It is impossible
to discern what causes of action are alleged.
Tentative
Ruling
The unopposed demurrer is sustained, without leave to
amend, based upon all of its page numbers.
The failure to file a proper and timely opposition in
trial court creates a waiver of the issues on any appeal. Bell v. Am. Title Ins. Co. (1991) 226
Cal. App. 3d 1589, 1602; Cabrini
Villas Homeowners Assn. v. Haghverdian (2003) 111 Cal. App. 4th 683, 693. A judge in a civil case is not
"'obligated to seek out theories [a party] might have advanced, or to
articulate … that which … [a party] has left unspoken.'" Mesecher v.
Like complaints generally, an official form complaint
also must contain ultimate facts as to each element of the claim stated. People ex rel. Dep't of Transportation v.
Sup. Ct. (1992) 5 Cal. App. 4th 1480, 1484.
As to demurrer rulings, statements of decision may
consist of references to appropriate page numbers and paragraphs. CCP §472d.