Motion for Judgment on the Pleadings
Moving Party: Defendant Bernard Turbow (esa Bernard Turbo) Responding Party: None (would be Plaintiff in pro per Vinh Huu Nguyen)
Ruling: Defendant Bernard Turbow, M.D.’s unopposed Motion for Judgment on the Pleadings as to the Complaint of Plaintiff Vinh Huu Nguyen is GRANTED with 30 days leave to amend. (Code Civ. Proc., § 438(c)(1)(B).)
Pursuant to this court’s own motion and after providing the parties the opportunity to address the propriety and tenor of the matters, the court hereby takes judicial notice of: (1) January 21, 2005 Dissolution Order in Orange County Superior Court Case No. 03D003180, attached as Exhibit “B” to the Motion; and (2) June 26, 2020 Minute Order in Orange County Superior Court Case No. 03D003180, attached as Exhibit “D” to the Motion.
Here, Plaintiff fails to allege facts to establish his standing to pursue the wrongful death, negligence and malpractice claims. (Code Civ. Proc., §§ 367, 377.20, 377.30, 377.60.) Judicia