Crowe vs Scripps Mercy Hospital Chula Vista

Case No.: 37-2019-00069175-CU-FR-CTL    

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........