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January 7, 2021
San Diego County, CA
Civil - Unlimited
Robert E Crowe (Plaintiff), represented by James J. Wallace II
Hugo H Barrera MD (Defendant), represented by Ryan Davis
Jacqueline M Reardon DO (Defendant), represented by Michael T Mertens
Jaqueline M Reardon MD (Defendant)
Luis Sanchez MD (Defendant), represented by James J. Wallace II
Scripps Health (Defendant), represented by Scott D Buchholz
Scripps Mercy Hospital Chula Vista (Defendant), represented by Scott D Buchholz
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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. (L........
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