Defendant Scripps Health dba Scripps Mercy Hospital Chula Vista's Demurrer to the Second Amended Complaint is OVERRULED.
In ruling on a demurrer, the complaint must be liberally construed and given a reasonable interpretation, with a view to substantial justice between the parties. (C.C.P., § 452; Amarel v. Connell (1988) 202 Cal.App.3d 137, 140–141; see also, Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1111-12 [in ruling on demurrers, courts treat as being true "not only the complaint's material factual allegations, but also facts that may be implied or inferred from those expressly alleged"].)
As to both the second and third cause of actions, Scripps does not address Plaintiff's argument that he alleged vicarious liability. Under the common law doctrine of respondeat superior, a principal or employer is vicariously liable for the acts of an agent or employee committed in the course of employment or agency. (Lathrop v. Healthcare Partners Me
Hearing Date
January 07, 2021
Category
Civil - Unlimited
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Defendant Scripps Health dba Scripps Mercy Hospital Chula Vista's Demurrer to the Second Amended Complaint is OVERRULED.
In ruling on a demurrer, the complaint must be liberally construed and given a reasonable interpretation, with a view to substantial justice between the parties. (C.C.P., § 452; Amarel v. Connell (1988) 202 Cal.App.3d 137, 140–141; see also, Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1111-12 [in ruling on demurrers, courts treat as being true "not only the complaint's material factual allegations, but also facts that may be implied or inferred from those expressly alleged"].)
As to both the second and third cause of actions, Scripps does not address Plaintiff's argument that he alleged vicarious liability. Under the common law doctrine of respondeat superior, a principal or employer is vicariously liable for the acts of an agent or employee committed in the course of employment or agency. (Lathrop v. Healthcare Partners Me