Judge: Margaret L. Oldendorf, Case: 22STCV25796, Date: 2023-03-10 Tentative Ruling

Case Number: 22STCV25796    Hearing Date: March 10, 2023    Dept: P

 

 

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

NORTHEAST DISTRICT

 

GERTRUDE KLADIFKO, an individual, by and through her representative LAURA F. KLADIFO,

 

                                            Plaintiff,

vs.

 

METHODIST HOSPITAL OF SOUTHERN CALIFORNIA, et al.,

 

                                            Defendants.

 

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Case No.: 22STCV25796

 

 

[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

 

Date:   March 10, 2023

Time:  8:30 a.m.

Dept.:  P

 

           

            This is litigation concerns hip surgery that Plaintiff Gertrude Kladifko underwent in January 2021. The complaint contains allegations of both medical malpractice and product liability as to the screws used to repair the hip. A number of defendants were added as Does and Plaintiff now seeks to file an amended pleading that better alleges the causes of action that pertain to the particular defendant.   

            The original complaint names the following parties as manufacturers, distributors, or dealers of surgical screws: Smith + Nephew, Inc.; Johnson & Johnson Medical Devices & Diagnostics Group Latin America LLC, dba Depuy Synthes.

            The following entities have been added as Doe defendants:

            Doe 1 – Howmedica Osteonics Corporation;

            Doe 2 – Stryker Corporation.

            Subsequent to the filing of this motion for leave to amend, dismissals were filed as to all of these defendants.

            The proposed Second Amended Complaint clarifies that the first cause of action for medical negligence is alleged against Does 11-20, the second cause of action for negligence is alleged against Does 21-50, the third cause of action for manufacturing defect is alleged against Does 1-10, and the fourth for negligence in supplying defective parts is alleged against Does 1-10.        

            No opposition to this motion has been filed. Relief is appropriately granted in order to better organize the pleading in the event other manufacturer/dealer/distributor defendants are later named.

            Pursuant to Code Civ. Proc. §473(a), Plaintiff’s motion for leave to file a Second Amended Complaint is granted. Plaintiff is ordered to separately file the proposed pleading within five days.            

                       

 

           

Dated:                                                                        _______________________________

                                                                                          MARGARET L OLDENDORF

                                                                                 JUDGE OF THE SUPERIOR COURT