Judge: Stephen P. Pfahler, Case: 22CHCV00124, Date: 2023-02-07 Tentative Ruling

Case Number: 22CHCV00124    Hearing Date: February 7, 2023    Dept: F49

Dept. F-49

Date: 2-7-23 c/f 11-17-22

Case #22CHCV00124

Trial Date: 11-6-23 c/f 6- 26-23

JUDGMENT ON THE PLEADINGS

MOVING PARTY: Defendant, SC Medical, Inc. dba AFC Urgent Care of Valencia

RESPONDING PARTY: Plaintiff, Peter Yaya, pro per

RELIEF REQUESTED:

Motion for Judgment on the Pleadings

SUMMARY OF ACTION

On December 21, 2021, Plaintiff Peter Yaya entered the premises of Defendant SC Medical, Inc. dba AFC Urgent Care of Valencia for medical treatment. Plaintiff maintains that a deviated septum interferes with his breathing, and therefore elects to avoid wearing a mask. Notwithstanding Plaintiff’s objections to wearing a mask, Plaintiff was told a mask was required for any treatment. Plaintiff declined and asked that his paperwork be returned.

Plaintiff alleges his medical condition constitutes a disability, and the denial of service violated the right of equal access to the facility. The denial of service led to delayed treatment.

On December 28, 2021, Plaintiff mailed a letter to “American Family Care Corporate headquarters in Birmingham, Alabama outlining the events, and asked for a resolution of the matter and that appropriate action be taken. Plaintiff received a response… [threatening] Plaintiff ‘with an aggressive cross-complaint’ and ‘action for malicious prosecution.’”

On February 24, 2022, Plaintiff, in pro per, filed a complaint for Violation of Civil Liberties (first and second causes of action), Patients Bill of Rights Violations, and Intentional Infliction of Emotional Distress. Defendant answered on April 1, 2022.

On November 3, 2022, Plaintiff filed a first amended complaint for Violations of Civil Liberties (first and second causes of action), Violation of the Patient Bill of Rights, and Intentional Infliction of Emotional Distress. 

RULING: Granted.

Defendant, SC Medical, Inc. dba AFC Urgent Care of Valencia moves for judgment on the pleadings to the complaint. The motion was filed on October 24, 2022. On November 3, 2022, Plaintiff filed a first amended complaint without leave of court or stipulation of the parties. Plaintiff also submitted an opposition though it’s not clear whether Plaintiff refers to the newly filed complaint or the original complaint, as the November 3, 2022 filed pleading only identifies the document as a “complaint.”

While the court concedes to the significant similarities between the complaint and “first amended” complaint, the court declines to determine potential differences. Thus, rather than sua sponte consider striking the first amended complaint, the court instead concludes that the filing of the first amended complaint constitutes a concession to the merits of the motion challenging the original complaint. The court therefore grants the motion for judgment on the pleadings without prejudice. The November 3, 2022, filed first amended complaint is deemed filed. SC Medical, Inc. dba AFC Urgent Care of Valencia may file a responsive pleading within 30 days from the date of this order.

Any further amended pleadings without leave from the court or stipulation of the parties may lead to a motion to strike or sua sponte order striking the pleading.

SC Medical, Inc. dba AFC Urgent Care of Valencia to give notice.