SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. P
TENTATIVE RULING
Ashley Kirk v. Cosmetic Laser Medspa, Inc. et al., Case No. 19STCV02936
Demurrer to/Motion to Strike Portions of First Amended Complaint/CMC
Hearing date: 11/6/2019
Plaintiff alleges injury as a result of negligently performed cosmetic procedures (lip injections). Defendants demur to the second through eighth causes of action and move to strike portions of the first amended complaint’s requests for relief.
DEMURRER
Second Cause of Action for Gross Negligence
Gross negligence consists of “a want of even scant care,” or “an extreme departure from the ordinary standard of care.” City of Santa Barbara v. Superior Court (2007) 41 Cal.4th 747, 754. California does not recognize a distinct cause of action for gross negligence independent of a statutory basis. Eriksson v. Nunnink (2011) 191 Cal.App.4th 826 fn. 18.
Plaintiff alleges no statutory basis for an independent gross negligence claim. The allegations
Hearing Date
November 06, 2019
Type
Medical Malpractice - Physicians & Surgeons (General Jurisdiction)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. P
TENTATIVE RULING
Ashley Kirk v. Cosmetic Laser Medspa, Inc. et al., Case No. 19STCV02936
Demurrer to/Motion to Strike Portions of First Amended Complaint/CMC
Hearing date: 11/6/2019
Plaintiff alleges injury as a result of negligently performed cosmetic procedures (lip injections). Defendants demur to the second through eighth causes of action and move to strike portions of the first amended complaint’s requests for relief.
DEMURRER
Second Cause of Action for Gross Negligence
Gross negligence consists of “a want of even scant care,” or “an extreme departure from the ordinary standard of care.” City of Santa Barbara v. Superior Court (2007) 41 Cal.4th 747, 754. California does not recognize a distinct cause of action for gross negligence independent of a statutory basis. Eriksson v. Nunnink (2011) 191 Cal.App.4th 826 fn. 18.
Plaintiff alleges no statutory basis for an independent gross negligence claim. The allegations