Judge: Maurice A. Leiter, Case: 22STCV08646, Date: 2022-08-15 Tentative Ruling

Case Number: 22STCV08646    Hearing Date: August 15, 2022    Dept: 54

Hearing Date: August 15, 2022

Department 54, Judge Maurice A. Leiter

Demurrer to Complaint

Moving Party: Defendant Cedars-Sinai Medical Center, joined by Defendants Mohammad Ansari, M.D., Payam R. Yashar, M.D. and Payam Shadi

Responding Party: Plaintiff Homayoun Piltan

T/R:     DEFENDANT’S DEMURRER IS SUSTAINED WITH LEAVE TO AMEND.

PLAINTIFF TO FILE AND SERVE A FIRST AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER.

            DEFENDANT TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

BACKGROUND

            On March 10, 2022, Plaintiff Homayoun Piltan sued Defendants Cedars-Sinai Medical Center, Mohammad Ansari, M.D., Payam R. Yashar, M.D., Payam Shadi M.D., Alfred Rahban, M.D. and Pedram Enayati, M.D., asserting causes of action for (1) wrongful death; and (2) negligent infliction of emotional distress. Plaintiff alleges Defendants’ negligence caused Plaintiff’s husband’s death while he was a patient at Cedar-Sinai Medical Center.

ANALYSIS

A demurrer to a complaint may be taken to the whole complaint or to any of the causes of action in it.  (CCP § 430.50(a).)  A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations.  (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.)  The court must treat as true the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law.  (Id. at 732-33.)  The complaint is to be construed liberally to determine whether a cause of action has been stated.  (Id. at 733.)

            Defendant demurs to Plaintiff’s complaint on the ground that it is barred by the one-year statute of limitations in CCP § 340.5. Plaintiff alleges decedent passed away on December 10, 2020. Defendant asserts Plaintiff had one year from that date to file a complaint. Plaintiff filed the complaint on March 10, 2022.

In opposition, Plaintiff asserts that CCP § 364 extended the one-year statute by 90 days because Plaintiff sent Defendants a Notice of Intent to Commence Action on December 10, 2021. In reply, Defendants point out that this information is not in the complaint; they argue that Plaintiff cannot rely on extrinsic evidence in opposition to a demurrer.

            As the complaint is barred on its face, the Court SUSTAINS Defendants’ demurrer with leave to amend. Plaintiff has shown a possibility that amendment will cure this defect.