Judge: Robert B. Broadbelt, Case: 22STCV27609, Date: 2023-01-27 Tentative Ruling

Case Number: 22STCV27609    Hearing Date: January 27, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Defendants Beverly Hills Rehabilitation Centre, LLC and Rehabilitation Centre of Beverly Hills

RESPONDING PARTY:       Plaintiff Mansoureh Aghayan

(1)   Demurrer to Complaint

(2)   Motion to Strike Portions of Complaint

The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike.

BACKGROUND

Plaintiff Mansoureh Aghayan (“Plaintiff”) filed this action on August 24, 2022, against defendants Beverly Hills Rehabilitation Centre, LLC, and The Rehabilitation Centre of Beverly Hills, alleging three causes of action for (1) negligence, (2) failure to render aid, and (3) elder abuse (neglect).

Defendants Beverly Hills Rehabilitation Centre, LLC and The Rehabilitation Centre of Beverly Hills now move the court for an order (1) sustaining the demurrer to Plaintiff’s first, second, and third causes of action, and (2) striking Plaintiff’s request for punitive damages and attorney’s fees from the Complaint.

The court notes that defendant Rehabilitation Centre of Beverly Hills was dismissed on January 9, 2023.  The court therefore rules on the demurrer and motion to strike as filed by defendant Beverly Hills Rehabilitation Centre, LLC (“Defendant”).

DEMURRER

The court overrules Defendant’s demurrer to the first cause of action for negligence on the ground of uncertainty because it is not ambiguous or unintelligible.  (Code Civ. Proc., § 430.10, subd. (f).)

The court overrules Defendant’s demurrer to the fist cause of action for negligence because it states facts sufficient to constitute a cause of action for professional negligence since Plaintiff alleges facts establishing that Defendant (1) assumed a duty of care by operating a skilled nursing facility, and (2) breached this duty by leaving Plaintiff unattended and failing to protect her from hazards, resulting in Plaintiff’s six falling incidents.  (Code Civ. Proc., § 430.10, subd. (e); Compl., ¶¶ 10, 14-15, 12.)

The court overrules Defendant’s demurrer to the second cause of action for failure to render aid on the ground of uncertainty because it is not ambiguous or unintelligible.  (Code Civ. Proc., § 430.10, subd. (f).)

The court overrules Defendant’s demurrer to the second cause of action for failure to render aid because it states facts sufficient to constitute a cause of action since (1) Plaintiff alleges facts establishing that Defendant negligently breached its duty of care to Plaintiff based on the theory that Defendant owed her a duty based on a special relationship between them, and (2) it is not duplicative of Plaintiff’s first cause of action for negligence, because it alleges a different breach of duty (based on Defendant’s failure to “call[] for an ambulance after Plaintiff had these falling incidents”).  (Code Civ. Proc., § 430.10, subd. (e); Compl., ¶ 20; Williams v. State of California (1983) 34 Cal.3d 18, 23 [explaining that one may be liable in tort for failure to take affirmative action if there is some relationship which gives rise to a duty to act].)

The court sustains Defendant’s demurrer to the third cause of action for elder abuse (neglect) because it does not state facts sufficient to constitute a cause of action since Plaintiff does not allege with the requisite particularity (1) conduct beyond professional negligence based on Defendant’s failure to properly monitor Plaintiff, resulting in her falling three times while being cared for by a nurse and three times alone (Compl., ¶ 12), or (2) that Defendant’s actions were reckless or done with oppression, fraud, or malice.  (Code Civ. Proc., § 430.10, subd. (e); Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 783 [neglect “covers an area of misconduct distinct from ‘professional negligence’” and falls within the scope of the Elder Abuse and Dependent Adult Civil Protection Act “if the neglect (or other abuse) is reckless or done with oppression, fraud, or malice”].)

MOTION TO STRIKE

Defendant moves the court for an order striking from the Complaint (1) Plaintiff’s request for punitive damages in connection with the second and third causes of action (Compl., ¶¶ 22, 29), (2) Plaintiff’s prayer for punitive damages (Prayer, ¶ 4), and (3) Plaintiff’s request for attorney’s fees pursuant to the Elder Abuse and Dependent Adult Civil Protection Act (Compl., ¶ 28; Prayer, ¶ 3).

The court grants Defendant’s motion to strike Plaintiff’s request for punitive damages in connection with the second cause of action (Compl., ¶ 22), and prayer for punitive damages (Prayer, ¶ 4), because Plaintiff has not alleged facts establishing (1) Defendant is guilty of oppression, fraud, or malice, or (2) advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice on the part of an officer, director, or managing agent of Defendant.  (Civ. Code, § 3294, subds. (a), (b); Code Civ. Proc., § 436, subd. (a).)

The court denies as moot Defendant’s motion to strike Plaintiff’s request for punitive damages and attorney’s fees in connection with the third cause of action for elder abuse (neglect) (Compl., ¶¶ 28-29), since the court has sustained that cause of action and therefore it has been removed from the Complaint.

The court grants Defendant’s motion to strike Plaintiff’s prayer for attorney’s fees pursuant to the Elder Abuse and Dependent Adult Civil Protection Act (Prayer, ¶ 3) because the court has sustained the third cause of action for elder abuse (neglect), and that is the only cause of action that can support such a request.  (Code Civ. Proc., § 436, subd. (a).)

ORDER

The court overrules defendant Beverly Hills Rehabilitation Centre, LLC’s demurrer to plaintiff Mansoureh Aghayan’s first and second causes of action.

The court sustains defendant Beverly Hills Rehabilitation Centre, LLC’s demurrer to plaintiff Mansoureh Aghayan’s third cause of action with leave to amend.

The court grants defendant Beverly Hills Rehabilitation Centre, LLC’s motion to strike Plaintiff’s (1) request for punitive damages in connection with the second cause of action (Compl., ¶ 22), and (2) prayers for attorney’s fees pursuant to the Elder Abuse and Dependent Adult Civil Protection Act and punitive damages (Prayer, ¶¶ 3-4).

The court grants plaintiff Mansoureh Aghayan 20 days leave to file a First Amended Complaint to cure the deficiencies set forth above.

The court orders defendant Beverly Hills Rehabilitation Centre, LLC to give notice of this ruling.

IT IS SO ORDERED.

DATED:  January 27, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court