Motions: Demurrer to and motion to strike portions of second
amended complaint by Defendant Fresno Community
Hospital and Medical Center dba Community Regional
Medical Center;
Tentative Ruling:
To overrule and deny, with Defendant granted 10 days’ leave to answer. The time in which the complaint can be answered will run from service by the clerk of the minute order.
If any oral argument is requested it will be entertained on March 16th, 2017 at 3:00 p.m. in Department 403.
Explanation:
The procedural prerequisites to seeking punitive damages in an action for damages arising out of professional negligence of a health care provider do not apply to a punitive damages claim alleging elder abuse under the Elder Abuse and Dependent Adult Civil Protection Act. (Covenant Care, Inc. v. Superior Court (2004) 31 Cal.4th 771, 783.)
The demurrer is overruled and the motion to strike denied because it is alleged that on or around June 24, 2015, Plaintiff Susan Walker expressed concerning to nursing
Hearing Date
March 07, 2017
Type
23 Unlimited - Other PI/PD/WD
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Motions: Demurrer to and motion to strike portions of second
amended complaint by Defendant Fresno Community
Hospital and Medical Center dba Community Regional
Medical Center;
Tentative Ruling:
To overrule and deny, with Defendant granted 10 days’ leave to answer. The time in which the complaint can be answered will run from service by the clerk of the minute order.
If any oral argument is requested it will be entertained on March 16th, 2017 at 3:00 p.m. in Department 403.
Explanation:
The procedural prerequisites to seeking punitive damages in an action for damages arising out of professional negligence of a health care provider do not apply to a punitive damages claim alleging elder abuse under the Elder Abuse and Dependent Adult Civil Protection Act. (Covenant Care, Inc. v. Superior Court (2004) 31 Cal.4th 771, 783.)
The demurrer is overruled and the motion to strike denied because it is alleged that on or around June 24, 2015, Plaintiff Susan Walker expressed concerning to nursing