No notice of intent to appear is required. If you wish to submit on the tentative decision, you may submit a telefax to Judge Baio's secretary, Lori Jacques at 805-677-8714, stating that you submit on the tentative. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence.
Court's tentative:
Ruling: Sustain Defendant Dignity Health's demurrer to the 2d C/A (Battery), with without leave to amend.
Reason: Case law supports defendant hospital's position that battery is a cause of action directed at a doctor and not at a hospital. Plaintiffs did not submit any opposition, and have made no showing they could successfully amend this cause of action.
Hearing Date
July 23, 2015
Category
Civil - Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
No notice of intent to appear is required. If you wish to submit on the tentative decision, you may submit a telefax to Judge Baio's secretary, Lori Jacques at 805-677-8714, stating that you submit on the tentative. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence.
Court's tentative:
Ruling: Sustain Defendant Dignity Health's demurrer to the 2d C/A (Battery), with without leave to amend.
Reason: Case law supports defendant hospital's position that battery is a cause of action directed at a doctor and not at a hospital. Plaintiffs did not submit any opposition, and have made no showing they could successfully amend this cause of action.