Demurrer without a Motion to Strike
Having considered the demurring, opposing, and reply papers, the Court rules as follows.
BACKGROUND
On March 18, 2019, Plaintiff Stephen Jamar Allen (“Plaintiff”) filed a complaint against Defendants Alon Antebi, D.O (erroneously sued ad served as Alon Antebi, M.D.) and Providence St. Joseph Health Hospital d.b.a. Providence Holy Cross Medical Center. The complaint alleges medical malpractice and medical battery for a deficient surgical repair of Plaintiff’s right leg on March 17, 2018.
On June 20, 2019, Plaintiff filed a first amended complaint (“FAC”) to allege additional facts.
On July 19, 2019, Defendant Alon Antebi, D.O (erroneously sued ad served as Alon Antebi, M.D.) filed a demurrer pursuant to California Code of Civil Procedure section 431.10.
Trial is set for September 14, 2020.
PARTY’S REQUEST
Defendant Alon Antebi, D.O (erroneously sued ad served as Alon Antebi, M.D.) (“Demurring Defendant”) asks the Court to sustain the demurrer
Hearing Date
September 05, 2019
Type
Medical Malpractice - Physicians & Surgeons (General Jurisdiction)
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Demurrer without a Motion to Strike
Having considered the demurring, opposing, and reply papers, the Court rules as follows.
BACKGROUND
On March 18, 2019, Plaintiff Stephen Jamar Allen (“Plaintiff”) filed a complaint against Defendants Alon Antebi, D.O (erroneously sued ad served as Alon Antebi, M.D.) and Providence St. Joseph Health Hospital d.b.a. Providence Holy Cross Medical Center. The complaint alleges medical malpractice and medical battery for a deficient surgical repair of Plaintiff’s right leg on March 17, 2018.
On June 20, 2019, Plaintiff filed a first amended complaint (“FAC”) to allege additional facts.
On July 19, 2019, Defendant Alon Antebi, D.O (erroneously sued ad served as Alon Antebi, M.D.) filed a demurrer pursuant to California Code of Civil Procedure section 431.10.
Trial is set for September 14, 2020.
PARTY’S REQUEST
Defendant Alon Antebi, D.O (erroneously sued ad served as Alon Antebi, M.D.) (“Demurring Defendant”) asks the Court to sustain the demurrer