Judge: Stephen I. Goorvitch, Case: 22STCV26414, Date: 2023-02-09 Tentative Ruling

Case Number: 22STCV26414    Hearing Date: February 9, 2023    Dept: 39

Nina Pusateri v. Medical Management, International, Inc.

Case No. 22STCV26414

Demurrer to Answer

            Plaintiff Nina Pusateri (“Plaintiff”) asserts causes of action for whistleblower retaliation and intentional infliction of emotional distress against Medical Management International, Inc. (“Defendant”).  Defendant filed an answer, and Plaintiff demurs to the first, third, fourth, sixth, seventh, twelfth, thirteenth, and fifteenth affirmative defenses. 

In the answer to the complaint, a defendant must allege facts to support any matter the defendant will bear the burden to prove at trial.  (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240.)  A plaintiff may demur to an answer if: “(a) The answer does not state facts sufficient to constitute a defense.  [¶]  (b) The answer is uncertain. As used in this subdivision, ‘uncertain’ includes ambiguous and unintelligible.  [¶]  (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.”  (Code Civ. Proc., § 430.20.) 

The Court rules as follows:

First – Overruled

Third – Sustained.  This is a legal issue for the Court and should be raised in the form of a dispositive motion.    

Fourth – Sustained

Sixth – Sustained

Seventh – Sustained

Twelfth – Sustained.  This is a legal issue for the Court and should be raised in the form of a dispositive motion. 

Thirteenth – Sustained.  This is a legal issue for the Court and should be raised in the form of a dispositive motion. 

            Fifteenth – Sustained

The Court sustains the demurrer with leave to amend.  In the alternative, Defendant may seek leave to amend if it develops sufficient evidence during discovery, e.g., on third-party liability issues, etc. 

            Based upon the foregoing, the Court orders as follows:

1.                  The demurrer is sustained except with respect to the first cause of action.

2.                  Defendant may file an amended answer within twenty (20) days. 

3.                  If Defendant seeks leave to file an amended answer, the Court orders the parties to meet-and-confer via telephone before any motion is filed in consideration of Code of Civil Procedure section 473.  

4.                  Plaintiff’s counsel shall provide notice and file proof of such with the Court.