Judge: William Y. Wood, Case: 37-2023-00036086-CU-MM-NC, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - May 30, 2024

05/31/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  Medical Malpractice Demurrer / Motion to Strike 37-2023-00036086-CU-MM-NC TUNSTALL VS SHARP HEALTHCARE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 03/26/2024

Defendant George Z. Fadda's demurrer (ROA # 54) is overruled. Defendant's motion to strike (ROA # 63) is denied. Defendant shall file an answer by June 10, 2024.

Turning to the general demurrer, at this stage of the case, the Court is required to liberally construe the allegations of the first amended complaint, with a view to substantial justice between the parties. CCP § 452. The Court should sustain a demurrer only if the facts alleged in the amended complaint, liberally construed, are insufficient to constitute any cognizable cause of action. In applying that standard, and after carefully reviewing the authorities and arguments presented by both parties, the Court overrules the demurrer.

Plaintiff has set forth sufficient facts to assert a cause of action for intentional misrepresentation (First Amended Complaint (FAC), ¶¶ 156-164) and a conspiracy cause of action (FAC, ¶¶ 167-170).

The motion to strike is denied as moot in light of the ruling on the demurrer.

Of course, these issues presented in the demurrer and motion to strike may also be revisited in the future when a more complete factual record is developed.

As the case progresses, the Defendant may continue to assert the arguments and defenses presented by this demurrer and motion to strike by way of motions and at trial.

This minute order constitutes the Court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, May 31, 2024. If no party appears at the hearing, this tentative ruling will become the order of the Court as of May 31, 2024. If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the Court and each other of their intention not to appear, though this notice is not required.

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