Judge: Melvin D. Sandvig, Case: 23CHCV01045, Date: 2023-08-07 Tentative Ruling

Case Number: 23CHCV01045    Hearing Date: April 2, 2024    Dept: F47

Dept. F47

Date: 4/2/24

Case #23CHCV01045

 

DEMURRER TO THE ORIGINAL COMPLAINT

 

Demurrer filed on 10/25/23.

 

MOVING PARTY: Henry Mayo Newhall Memorial Hospital

RESPONDING PARTY: Plaintiffs Choghik Chouhmalian, as the Successor-in-Interest of the Estate of Ostin Demirjian, deceased; Choghik Chouhmalian, an individual; Garo Oshin Demirjian, a minor by and through his Guardian Ad Litem, Lina Vartanian; Arman Souren Demirjian, a minor by and through his Guardian Ad Litem , Lina Vartanian

NOTICE: ok

 

Demurrer is to the 1st and 2nd causes of action/entire complaint:

            1.  Health Care Provider Negligence Leading to Injury or Death, Civil Code 3333.1/Professional Negligence

            2.  Survivorship

            3.  Corporate Negligence  (although listed in the caption of the complaint, this cause of action is not included in the body of the complaint)

 

RULING: The demurrer is sustained with 20 days leave to amend. 

 

SUMMARY OF FACTS & PROCEDURAL HISTORY

 

This action arises out of treatment provided to and the subsequent death of decedent Ostin Demirjian on 4/1/22 by Defendants American Medical Response of Southern California; Henry Mayo Newhall Memorial Hospital; Steven Schafer, M.D.; Steven M. Schaefer, M.D., Inc.; Richard L. Goldman, M.D.; Tower Imaging Medical Group; and Tower Imaging Medical Associates, Inc. (collectively, Defendants). 

 

On 3/30/23, Plaintiffs Choghik Chouhmalian, as the Successor-in-Interest of the Estate of Ostin Demirjian, deceased; Choghik Choulmalian, an individual; Garo Oshin Demirjian, a minor by and through his Guardian Ad Litem, Lina Vartanian; Arman Souren Demirjian, a minor by and through his Guardian Ad Litem , Lina Vartanian (collectively, Plaintiffs) filed this action against Defendants for: (1) Health Care Provider Negligence Leading to Death Per Civil Code 3333.1/Professional Negligence and (2) Survivorship.  Although the caption of the complaint lists a third cause of action for “Corporate Negligence,” no such cause of action exists in the body of the complaint. 

 

After meet and confer efforts failed to resolve the issues, Defendant Henry Mayo Newhall Memorial Hospital (Henry Mayo) had with the complaint, on 10/25/23, Henry Mayo filed and served the instant demurrer to the entire complaint.  Plaintiffs filed an opposition to the demurrer and Henry Mayo filed a reply to the opposition. 

 

ANALYSIS

 

The complaint fails to allege facts sufficient to state either of the causes of action therein because Plaintiffs merely allege conclusory, factually devoid theories of liability against Henry Mayo.  CCP 430.10(e); (See Complaint ¶¶53-65).

 

In the opposition, Plaintiffs do not dispute the deficiencies in the complaint.  Rather, Plaintiffs state that even if the complaint fails to state sufficient facts to support the causes of action alleged, Plaintiffs can amend their pleading to address the issue.

 

In the reply, Henry Mayo indicates that it does not oppose Plaintiffs filing a First Amended Complaint. 

 

CONCLUSION

 

The demurrer is sustained with 20 days leave to amend.