Judge: William A. Crowfoot, Case: 20STCV44686, Date: 2022-09-28 Tentative Ruling

Case Number: 20STCV44686    Hearing Date: September 28, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

SORAYA BAYAT,

                   Plaintiff(s),

          vs.

 

ANTHONY VIERRA, M.D., et al.,

 

                   Defendant(s).

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      CASE NO.: 20STCV44686

 

[TENTATIVE] ORDER RE: DEFENDANT PRIME HEALTHCARE SERVICES, INC.’S DEMURRER TO PLAINTIFF’S COMPLAINT

 

Dept. 27

1:30 p.m.

September 28, 2022

 

On November 20, 2020, plaintiff Soraya Bayat filed this wrongful death action against defendants Sherman Oaks Hospital, Anthony Vierra, M.D., Marianna Dichigrikian, N.P., Rodernick Yasuda, M.D., and Judeen Camacho, N.P.  On March 28, 2022, Plaintiff filed an amendment to the complaint naming Prime Healthcare Services, Inc. dba Sherman Oaks Hospital (“Defendant”) as Doe 1. 

On August 22, 2022, Defendant filed a demurrer to Plaintiff’s Complaint.    “A party may amend its pleading once without leave of court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.  A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties.  The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.”  (Code Civ. Proc., § 472, subd. (a).)

On September 14, 2022, Plaintiff filed a First Amended Complaint.  Accordingly, the demurrer is DENIED as moot. 

 

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.