Judge: Robert B. Broadbelt, Case: 23STCV00307, Date: 2023-12-11 Tentative Ruling

Case Number: 23STCV00307    Hearing Date: February 22, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant 300 S. Robertson Dialysis, LLC, d/b/a U.S. Renal Care Westside Dialysis (sued as Doe defendant 231)

RESPONDING PARTIES:     Plaintiffs Drena M. Humphries, by and through her successor-in-interest Allen Humphries, Allen Humphries, George Humphries, and John Humphries

(1)   Demurrer to Complaint

(2)   Motion to Strike Portions of Complaint

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

BACKGROUND

Plaintiffs Drena M. Humphries, by and through her successor-in-interest Allen Humphries (“Humphries”), Allen Humphries, George Humphries, and John Humphries (collectively, “Plaintiffs”) filed this elder abuse action on January 6, 2023, alleging four causes of action for (1) elder abuse, (2) violation of resident’s rights, (3) negligence, and (4) wrongful death.  On August 21, 2023, Plaintiffs filed an “Amendment to Complaint,” amending Plaintiffs’ Complaint by substituting defendant 300 S. Robertson Dialysis, LLC, d/b/a U.S. Renal Care Westside Dialysis (“Defendant”) for the fictitious name Doe 231 wherever it appears in the Complaint.

Defendant now moves the court for an order (1) sustaining its demurrer to Plaintiffs’ first through fourth causes of action, and (2) striking from the Complaint various allegations and Plaintiffs’ requests for attorney’s fees, punitive damages, and costs.  

DEMURRER

            The court sustains Defendant’s demurrer to the first cause of action for elder abuse because it does not state facts sufficient to constitute a cause of action against Defendant since Plaintiffs have not pleaded, with the particularity required by California law, facts establishing that Defendant neglected plaintiff Humphries within the meaning of the Elder Abuse and Dependent Adult Civil Protection Act.  (Code Civ. Proc., § 430.10, subd. (e); Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 406-407 [setting forth elements of claim for neglect and stating that “the facts constituting the neglect and establishing the causal link between the neglect and the injury ‘must be pleaded with particularity,’ in accordance with the pleading rules governing statutory claims”].)  

The court overrules Defendant’s demurrer to the second cause of action for violation of resident’s rights because it is not asserted against Defendant.  (Compl., p. 27:7-10 [alleging second cause of action against Sunbridge Hallmark Health Services, LLC, d/b/a Playa Del Rey Center, Windsor Gardens Convalescent Hospital, Inc., and Doe defendants 1-50 and 101-150].)

The court sustains Defendant’s demurrer to the third cause of action for negligence because it does not state facts sufficient to constitute a cause of action against Defendant since (1) Plaintiffs have alleged that, “[a]s skilled nursing facilities[,]” all the defendants “were required to provide care and services in a manner consistent with” guidelines set forth by certain entities and pursuant to state and federal law, but (2) Plaintiffs have not alleged that Defendant is a skilled nursing facility, such that Plaintiffs have not adequately alleged Defendant’s breach of a legal duty owed to plaintiff Humphries.  (Code Civ. Proc., § 430.10, subd. (e); Compl., ¶¶ 135-136, 140, 16 [alleging that Doe defendants 231-250 “are those persons or entities whose conduct caused the injuries and damages alleged herein”]; Peredia v. HR Mobile Services, Inc. (2018) 25 Cal.App.5th 680, 687 [elements of cause of action for negligence].)

The court sustains Defendant’s demurrer to the fourth cause of action for wrongful death because it does not state facts sufficient to constitute a cause of action against Defendant since (1) Plaintiffs have alleged that Humphries died as a result of the defendants’ negligence and neglect, but (2) Plaintiffs have not alleged, as set forth above, facts sufficient to state causes of action for negligence and neglect against Defendant, and (3) therefore Plaintiffs have not alleged facts establishing that a wrongful act on the part of Defendant caused the death of plaintiff Humphries.  (Code Civ. Proc., § 430.10, subd. (e); Compl., ¶¶ 146, 148; Musgrove v. Silver (2022) 82 Cal.App.5th 694, 705 [elements of cause of action for wrongful death].)

In their response to Defendant’s demurrer and motion to strike, Plaintiffs have set forth approximately four pages of facts that they can allege against Defendant.  (Opp., pp. 2:25-7:2.)  The court finds that Plaintiffs have met their burden “to articulate how [they] could amend [their] pleading to render it sufficient” against Defendant and therefore grants Plaintiffs’ request for leave to amend.  (Palm Springs Villas II Homeowners Assn., Inc. v. Parth (2016) 248 Cal.App.4th 268, 290.)

MOTION TO STRIKE

            Defendant moves the court for an order striking from the Complaint (1) paragraphs 18 and 108 in their entirety; (2) the prayers for attorney’s fees and costs; (3) the prayer for punitive damages; and (4) the prayer for costs of suit.

            The court denies Defendant’s motion to strike paragraphs 18 and 108 because Defendant has not shown that these allegations, in their entirety, are irrelevant, false, or improper.  (Code Civ. Proc., § 436, subd. (a).) 

            The court denies Defendant’s motion to strike the prayer for attorney’s fees and costs pursuant to Health and Safety Code section 1430 as set forth in paragraph 5 of the prayer because Plaintiffs have only prayed for an award of attorney’s fees pursuant to that statute against nonmoving defendants Sunbridge Hallmark Health Services, LLC, d/b/a Playa Del Rey and Windsor Gardens Convalescent Hospital, Inc. 

            The court denies as moot Defendant’s motion to strike (1) the prayer for attorney’s fees and costs in connection with the first cause of action (Compl., Prayer, ¶ 3), (2) the prayer for exemplary and punitive damages in connection with the first cause of action (Compl., Prayer, ¶ 4), and (3) the prayer for costs as against Defendant (Compl., Prayer, ¶ 6), because the court has sustained the demurrer to each cause of action alleged against Defendant and therefore the causes of action and corresponding requests for relief have been removed from the Complaint.  (Code Civ. Proc., § 436, subd. (a).)

ORDER

The court sustains defendant 300 S. Robertson Dialysis, LLC d/b/a U.S. Renal Care Westside Dialysis’s demurrer to plaintiffs Drena M. Humphries, by and through her successor-in-interest Allen Humphries, Allen Humphries, George Humphries, and John Humphries’s first, third, and fourth causes of action.

The court denies defendant 300 S. Robertson Dialysis, LLC d/b/a U.S. Renal Care Westside Dialysis’s motion to strike portions of plaintiffs Drena M. Humphries, by and through her successor-in-interest Allen Humphries, Allen Humphries, George Humphries, and John Humphries’s Complaint.

The court grants plaintiffs Drena M. Humphries, by and through her successor-in-interest Allen Humphries, Allen Humphries, George Humphries, and John Humphries 20 days leave to file a First Amended Complaint that cures the defects set forth in connection with this ruling.

The court orders defendant 300 S. Robertson Dialysis, LLC d/b/a U.S. Renal Care Westside Dialysis to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 22, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court