Judge: Steven J. Kleifield, Case: 19STCV27376, Date: 2023-03-10 Tentative Ruling
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Case Number: 19STCV27376 Hearing Date: March 10, 2023 Dept: 57
GAREY V. ABBOTT LABORATORIES, 19STSCV27376
TENTATIVE RULING ON DEMURRER OF ST JUDE MEDICAL LLC TO PLAINTIFFS' SECOND AMENDED COMPLAINT
The demurrer is overruled to the extent it is based on the proposition that the Plaintiffs' claims against St. Jude Medical, LLC ("SJM LLC") in the Second Amended Complaint are barred by the applicable two-year statute of limitations for personal injury-related claims. The demurrer posits that the naming of SJM LLC as a Defendant in the Second Amended Complaint, which was filed on June 22, 2021, was too late because it came four years after the injury to Philip Garey resulting in his death and the Plaintiffs' lawsuit. The Court agrees, however, with Plaintiffs that, under Code of Civil Procedure Section 473, the naming of SJM LLC in the Second Amended Complaint relates back to the date of the initial complaint, August 2, 2019, which was within the two-year limitations period. That is because the naming of SJM LLC in the Second Amended Complaint corrects a misnomer with respect to the naming of the successors in interest to an entity called St. Jude Medical, the maker of the device that is alleged to have malfunctioned thereby causing Mr. Garey's death. The initial complaint named Abbott Laboratories and Abbott Laboratories, Inc, as defendants and as successor in interests to St. Jude Medical. Like the Abbot entities, SJM LLC is a successor in interest to St. Jude Medical. In concluding that the the Second Amended Complaint relates back to the initial complaint based on Section 473 and thus is not time-barred, the Court has not relied on the arguments in Plaintiffs' supplemental brief in opposition to the demurrer. That brief made arguments regarding a purported "Doe" amendment that brought SJM LLC into the case, and regarding service on the Abbott entities and their status in the case.
The demurrer also is overruled as to SJM LLC's contention that the claims in the Second Amended Complaint are preempted by federal law. In the Court's view, that determination cannot be made in this case at the demurrer stage.
The demurrer is sustained with leave to amend as to the Plaintiffs' failure to warn claim in the Second Amended Complaint. The Court agrees with SJM LLC that the failure to warn claim contains insufficient allegations of causation linking the failure to warn to Mr. Garey's death.
The demurrer is overruled as to SJM LLC's contention that the Plaintiffs' manufacturing defect claim does not adequately plead causation.
Plaintiffs shall have 21 days from the hearing date on the demurrer to file a Third Amended Complaint.