Motion: Demurrer
Tentative Ruling:
To sustain the demurrer to Plaintiff’s first cause of action, as against each defendant, without leave to amend. To sustain the demurrer to Plaintiff’s second cause of action, as to Defendant Onyeje, without leave to amend. To overrule the demurrer to the second cause of action as to Defendant Fortune.
Explanation:
Exhaustion of Administrative Remedies
Where an administrative remedy is provided by statute, regulation, or ordinance, a complaining party must exhaust the administrative remedy before turning to the courts. (Kaiser Foundation Hospitals v. Superior Court (2005) 128 Cal.App.4th 85, 99–100; see also Parthemore v. Col (2013) 221 Cal.App.4th 1372, 1379 [Calfiornia state prisoner must exhaust available remedies prior to filing lawsuit].) Failure to exhaust applicable administrative remedies is a basis for demurrer. (Gupta v. Stanford University (2004) 124 Cal.App.4th 407, 411.) The State prison regulations provide for a multilevel administrative
Hearing Date
October 11, 2016
Type
45 Unlimited - Medical Malpractice
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Motion: Demurrer
Tentative Ruling:
To sustain the demurrer to Plaintiff’s first cause of action, as against each defendant, without leave to amend. To sustain the demurrer to Plaintiff’s second cause of action, as to Defendant Onyeje, without leave to amend. To overrule the demurrer to the second cause of action as to Defendant Fortune.
Explanation:
Exhaustion of Administrative Remedies
Where an administrative remedy is provided by statute, regulation, or ordinance, a complaining party must exhaust the administrative remedy before turning to the courts. (Kaiser Foundation Hospitals v. Superior Court (2005) 128 Cal.App.4th 85, 99–100; see also Parthemore v. Col (2013) 221 Cal.App.4th 1372, 1379 [Calfiornia state prisoner must exhaust available remedies prior to filing lawsuit].) Failure to exhaust applicable administrative remedies is a basis for demurrer. (Gupta v. Stanford University (2004) 124 Cal.App.4th 407, 411.) The State prison regulations provide for a multilevel administrative