Judge: Robert B. Broadbelt, Case: 22STCV29914, Date: 2023-04-06 Tentative Ruling
Case Number: 22STCV29914 Hearing Date: April 6, 2023 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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22STCV29914 |
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Hearing
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April
6, 2023 |
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[Tentative]
Order RE: (1)
defendants’
demurrer to complaint (2)
defendants’
motion to strike portions of complaint |
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MOVING PARTIES:
Defendants Kaiser Foundation
Health Plan, Inc., Kaiser Foundation Hospitals (erroneously sued as Kaiser
Permanente Panorama City Medical Center and Kaiser Permanente Palmdale Medical
Center), and Southern California Permanente Medical Group
RESPONDING PARTY: Plaintiff Fernando Lara
(1)
Demurrer
to Complaint
(2)
Motion
to Strike Portions of Complaint
Plaintiff Fernando Lara (“Plaintiff”) filed this professional
negligence action on September 14, 2022, against defendants Kaiser Foundation
Health Plan, Inc., Kaiser Foundation Hospitals, Southern California Permanente
Medical Group, Kaiser Permanente Panorama City, and Kaiser Permanente Palmdale
Medical Center (“Defendants”).
On November 30, 2022, Defendants filed a demurrer and motion to strike
directed to Plaintiff’s Complaint.
On March 24, 2023, Plaintiff filed a First Amended Complaint and
opposition papers asserting his right to file the amended pleading pursuant to
Code of Civil Procedure section 472, subdivision (a).
In reply, Defendants request that the court issue a ruling on their
demurrer and motion to strike on the ground that Plaintiff’s First Amended
Complaint was untimely filed by one court day.
The court exercises its discretion to allow Plaintiff’s filing of the
First Amended Complaint on March 24, 2023.
The court therefore finds that the demurrer and motion to strike,
directed to Plaintiff’s original Complaint, are moot. (State Compensation Ins. Fund v. Superior
Court (2010) 184 Cal.App.4th 1124, 1131 [“the filing of an amended
complaint moots a motion directed to a prior complaint”].)
The court therefore orders that the demurrer and motion to strike,
filed by defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation
Hospitals (erroneously sued as Kaiser Permanente Panorama City Medical Center
and Kaiser Permanente Palmdale Medical Center), and Southern California
Permanente Medical Group on November 30, 2022, are taken off calendar as moot.
The court orders Plaintiff to give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court