Defendants Pets Rx, Inc. dba VCA Vets & Pets Animal Hospital (“VCA”) and Tiffany Sung, DVM (“Dr. Sung”) (collectively, “Defendants”) demur to the Second Amended Complaint (“SAC”) filed by plaintiff Jean Kim (“Plaintiff”) and move to strike portions contained therein.
I. Background
A. Factual
This action arises out of care rendered by Dr. Sung, a veterinarian at VCA, to Plaintiff’s cat, “Kitty.” According to the allegations of the SAC, Plaintiff brought her cat to VCA on October 17, 2018, in order to be evaluated for a kidney stone. (SAC, ¶ 15.) Initially, Dr. Sung’s physical exam indicated that Kitty’s gait and musculoskeletal structure were normal. (Id., ¶ 16.) Several hours later, Kitty underwent sedation for x-rays and further examination. (Id., ¶ 17.) The x-ray report indicated that the cat had a femur fracture, an injury unknown to Plaintiff. (Id.) The physician did not discuss the injury, which now affected Kitty’s gait, with Plaintiff and there was no treatment provided. (Id.
Hearing Date
December 03, 2020
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Defendants Pets Rx, Inc. dba VCA Vets & Pets Animal Hospital (“VCA”) and Tiffany Sung, DVM (“Dr. Sung”) (collectively, “Defendants”) demur to the Second Amended Complaint (“SAC”) filed by plaintiff Jean Kim (“Plaintiff”) and move to strike portions contained therein.
I. Background
A. Factual
This action arises out of care rendered by Dr. Sung, a veterinarian at VCA, to Plaintiff’s cat, “Kitty.” According to the allegations of the SAC, Plaintiff brought her cat to VCA on October 17, 2018, in order to be evaluated for a kidney stone. (SAC, ¶ 15.) Initially, Dr. Sung’s physical exam indicated that Kitty’s gait and musculoskeletal structure were normal. (Id., ¶ 16.) Several hours later, Kitty underwent sedation for x-rays and further examination. (Id., ¶ 17.) The x-ray report indicated that the cat had a femur fracture, an injury unknown to Plaintiff. (Id.) The physician did not discuss the injury, which now affected Kitty’s gait, with Plaintiff and there was no treatment provided. (Id.