Judge: Thomas Falls, Case: 22PSCV00463, Date: 2023-02-09 Tentative Ruling

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Case Number: 22PSCV00463    Hearing Date: February 9, 2023    Dept: O

HEARING DATE:                             Thursday, February 9, 2023

RE:                                                      ANNI TANG, et al. vs EMANATE HEALTH INTER-COMMUNITY HOSPITAL, et al (22PSCV00463)

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Defendant EMANATE HEALTH MEDICAL CENTER’s dba EMANATE HEALTH INTER-COMMUNITY HOSPITAL (erroneously sued and served herein as "EMANATE HEALTH INTER-COMMUNITY HOSPITAL" and "EMANATE HEALTH WOUND CARE") Motion to Strike

      Responding Party: Plaintiff

Tentative Ruling

Defendant EMANATE HEALTH MEDICAL CENTER’s dba EMANATE HEALTH INTER-COMMUNITY HOSPITAL (erroneously sued and served herein as "EMANATE HEALTH INTER-COMMUNITY HOSPITAL" and "EMANATE HEALTH WOUND CARE") Motion to Strike is GRANTED.

Background

This is a medical malpractice case.

On May 16, 2022, Plaintiffs ANNI TANG and HOONG TANG filed suit against EMANATE HEALTH INTER-COMMUNITY HOSPITAL (Defendant); JOHN LINDBERG, M.D. (Defendant); EMANATE HEALTH WOUND CARE (Defendant) et al.

On November 11, 2022, moving Defendants filed the instant motion.

On January 27, 2023, Plaintiffs filed a NON OPPOSITION TO DEFENDANT’S MOTION TO STRIKE PORTIONS OF COMPLAINT.

Discussion

Moving Defendants seek to strike a reference that MICRA does not apply because Plaintiffs do not set forth any factual basis that this is anything but a medical negligence action.

Plaintiffs do not oppose.

Therefore, as the argument is well made and supported, the court grants the motion.