Motion-Secondary: FRANK SHEE vs. ALBERTO BOLANOS, MD, et al

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                                1     HASSARD BONNINGTON LLP
                           Robert S. Willoughby, Esq. (#189464) rsw@hassard.com
                     2     Alexandra C. Seibert, Esq. (#283008) acs@hassard.com
                           275 Battery St., Suite 1600
                     3     San Francisco, CA 94111
                           Telephone:       (415) 288-9800
                     4     Fax:    (415) 288-9801                          8/19/2021

                     5     Attorneys for Defendant
                           SUTTER BAY HOSPITALS dba MILLS PENINSULA HEALTH SERVICES,
                     6     erroneously sued herein as MILLS HEALTH CENTER

                     7

                     8                    IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

                     9                                IN AND FOR THE COUNTY OF SAN MATEO

                   10                                            UNLIMITED JURISDICTION

                   11

                   12      FRANK SHEE,                                                   No. 21-CIV-00632
                   13                                 Plaintiff,                         [PROPOSED] ORDER GRANTING
                                                                                         DEFENDANT’S MOTION TO STRIKE
                   14               vs.                                                  PORTIONS OF PLAINTIFF’S
                                                                                         COMPLAINT FOR DAMAGES
                   15      ALBERTO BOLANOS, MILLS HEALTH                                              NOVEMBER 22,2021
                           CENTER and DOES 1 through 100,                                Date:         September 20, 2021
                   16      inclusive                                                     Time:         2:00 p.m.
                                                                                         Dept:         23
                   17                                 Defendants.                        Judge:        Hon. V. Raymond Swope
                   18                                                                    Complaint Filed:         February 8, 2021
                                                                                         Trial Date:              not yet set
                   19

                   20      TO PLAINTIFF, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

                   21                        The Motion to Strike Portions of Plaintiff’s Complaint by defendant

                   22      SUTTER BAY HOSPITALS DBA MILLS PENINSULA HEALTH SERVICES,

                   23      ERRONEOUSLY SUED HEREIN AS MILLS HEALTH CENTER came on regularly for

                   24      hearing on September 20, 2021, in Department 23 of the above-entitled court, the

                   25      Honorable V. Raymond Swope presiding.                    Robert S. Willoughby, Esq. of Hassard

                   26      Bonnington LLP appeared on behalf of defendant SUTTER BAY HOSPITALS DBA

                   27      MILLS PENINSULA HEALTH SERVICES, ERRONEOUSLY SUED HEREIN AS

                   28      MILLS HEALTH CENTER.                 Plaintiff Frank Shee appeared in pro per.

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                           [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT FOR DAMAGES
                           C:\Users\kij\ND Office Echo\VAULT-DYC5R1ST\MTS - Proposed Order 4815-5501-3367 v.1.doc-81921
                     1                       Upon consideration of the Notice of Motion and Motion to Strike, the

                     2     Memorandum of Points and Authorities in Support of the Motion to Strike, and all

                     3     other documents and pleadings on file herein, and good cause appearing therefor:

                     4                       IT IS ORDERED THAT the Motion to Strike by defendant SUTTER BAY

                     5     HOSPITALS DBA MILLS PENINSULA HEALTH SERVICES, ERRONEOUSLY SUED

                     6     HEREIN AS MILLS HEALTH CENTER is GRANTED and the following portions of

                     7     plaintiff’s Complaint are stricken:

                     8                       1.       Plaintiff’s prayers for punitive damages (paragraphs 11a and

                     9     14a) against Mills Health Center.

                   10                        2.       Plaintiff’s prayers for damages “in excess of $1,000,000”

                   11      (paragraph 10a) and for $1,000,000 (page 5, paragraph 10a) against Mills Health

                   12      Center.

                   13                        IT IS SO ORDERED.

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                   15      Dated:     ___________________________

                   16                                                                     _______________________________
                                                                                           Hon. V. Raymond Swope
                   17                                                                      Judge of the Superior Court
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                           [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT FOR DAMAGES
                           C:\Users\kij\ND Office Echo\VAULT-DYC5R1ST\MTS - Proposed Order 4815-5501-3367 v.1.doc-81921