The unopposed Demurrer to Complaint by Adventist Health Glendale is SUSTAINED in part and OVERRULED in part. The Motion to Strike is GRANTED in part and DENIED in part, as further explained below.
Demurrer is SUSTAINED on grounds the Complaint does not allege facts to support that Sevak Nazarian has legal capacity to bring this suit as a representative of the Estate.
Demurrer can be sustained on grounds that a person lacks legal capacity to sue. Cal. Code Civil Procedure § 430.10(b). A person’s standing to sue can also be challenged by way of demurrer. Buckland v. Threshold Enterprises, Ltd., 155 Cal. App. 4th 798, 813 (2007).
“Legal capacity” to sue refers to a person’s right to come into court. “Standing” to sue refers to a person’s right to relief in court. Friendly Village Community Assn., Inc. v. Silva & Hill Constr. Co. (1973) 31 Cal.App.3d 220, 224.
A cause of action is not lost by way of a person’s death. It survives subject to the applicable limitations period. Cal Code Civ
Hearing Date
June 25, 2019
Type
Medical Malpractice - Physicians & Surgeons (General Jurisdiction)
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The unopposed Demurrer to Complaint by Adventist Health Glendale is SUSTAINED in part and OVERRULED in part. The Motion to Strike is GRANTED in part and DENIED in part, as further explained below.
Demurrer is SUSTAINED on grounds the Complaint does not allege facts to support that Sevak Nazarian has legal capacity to bring this suit as a representative of the Estate.
Demurrer can be sustained on grounds that a person lacks legal capacity to sue. Cal. Code Civil Procedure § 430.10(b). A person’s standing to sue can also be challenged by way of demurrer. Buckland v. Threshold Enterprises, Ltd., 155 Cal. App. 4th 798, 813 (2007).
“Legal capacity” to sue refers to a person’s right to come into court. “Standing” to sue refers to a person’s right to relief in court. Friendly Village Community Assn., Inc. v. Silva & Hill Constr. Co. (1973) 31 Cal.App.3d 220, 224.
A cause of action is not lost by way of a person’s death. It survives subject to the applicable limitations period. Cal Code Civ