Judge: William A. Crowfoot, Case: 22STCV07179, Date: 2022-10-17 Tentative Ruling

Case Number: 22STCV07179    Hearing Date: October 17, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

RADIK KHACHATRYAN,

                   Plaintiff(s),

          vs.

 

ADVENTIST HEALTH GLENDALE, et al.,

 

                   Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

)

)

      CASE NO.: 22stcv07179

 

[TENTATIVE] ORDER RE: DEFENDANT GLENDALE ADVENTIST MEDICAL CENTER dba ADVENTIST HEALTH GLENDALE’S MOTION TO DISMISS

 

Dept. 27

1:30 p.m.

October 17, 2022

 

I.            INTRODUCTION

On February 28, 2022, plaintiff Radik Khachatryan filed this action against defendants Glendale Adventist Medical Center dba Adventist Health Glendale (“GAMC”) (erroneously sued as “Adventist Health Glendale, a CA Hospital or Adventist Health”) and Sam F. Daneshvari, M.D. (“Dr. Daneshvari”).  On May 25, 2022, GAMC filed a demurrer to Plaintiff’s complaint.  On June 27, 2022, at the hearing on GAMC’s demurrer, the Court continued the hearing to August 8, 2022, and ordered Plaintiff to file an amended Complaint or opposition papers no later than July 22, 2022. 

On July 22, 2022, Plaintiff served a First Amended Complaint (“FAC”) on GAMC.  The FAC was not filed.  On August 4, 2022, GAMC filed a demurrer to the FAC.  However, as no FAC was on file, the Court took the demurrer off calendar as premature.

On September 9, 2022, GAMC filed this motion to dismiss on the grounds that Plaintiff failed to abide by the Court’s ruling on June 27, 2022, and file the amended Complaint on time. 

II.          LEGAL STANDARD

GAMC brings this motion pursuant to Code of Civil Procedure section 581(f)(2) and CRC 3.1320(b).  Code of Civil Procedure section 581(f)(2) permits a court to dismiss a complaint after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court, and either party moves for dismissal. 

III.        DISCUSSION

GAMC argues that Plaintiff’s action should be dismissed because no amended complaint or opposition was filed as ordered by the Court on June 27, 2022.  However, the Court has not sustained any demurrer, therefore, the cited statutory provisions do not support GAMC’s request for relief.  Additionally, Plaintiff avers in his opposition that he filed the FAC on July 22, 2022, and served it on GAMC the same day.  The Court’s records also reflect that Plaintiff’s FAC was electronically received on September 2, 2022.  Accordingly, the Court deems the FAC filed as of October 17, 2022, and places GAMC’s demurrer and motion to strike back on calendar for hearing on November 7, 2022. 

CONCLUSION

GAMC’s motion to dismiss is DENIED.

GAMC’s demurrer and motion to strike are set for a hearing on November 7, 2022, at 1:30 p.m.  Opposition papers are due as required by the Code of Civil Procedure.    

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.