SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHWEST DISTRICT

MARIA THERESA BERGER, an individual; GREGORY BERGER, a minor under the age of 14 years by MARIA THERESA BERGER, his mother and duly appointed Guardian ad Litem; MARIA THERESA BERGER, as successor in interest to Alan Stuart Berger, deceased,

Plaintiffs,

vs.

WINDSOR TERRACE HEALTHCARE LLC; EYAL SHTORCH, M.D.; WINDSOR TERRACE HOLDING COMPANY, LLC; LEE SAMSON; S&F MANAGEMENT COMPANY, INC.; and DOES 1-50, inclusive,

Defendants.

CASE NO: 19STCV05046

[TENTATIVE] ORDER RE: PLAINTIFFS’ MOTION FOR SUMMARY ADJUDICATION AS TO THE ISSUE OF DUTY

Dept. U

8:30 a.m.

June 30, 2020

I. BACKGROUND

Maria Theresa Berger (Berger), on behalf of herself, her minor son Gregory Berger, and as successor in interest to Alan Stuart Berger (decedent) (collectively, Plaintiffs) initiated this suit against Windsor Terrace Healthcare LLC, Eyal Shtorch, M.D. (Shtorch), Windsor Terrace Holding Company, LLC, Lee Samson