[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION FOR JUDGMENT ON THE PLEADINGS
Plaintiffs, Barbara and Dennis Wuchner filed this action against Defendants, Fireside Convalescent Hospital and All Source Recruiting Group, Inc. for medical malpractice and related claims arising out of Plaintiff, Barbara Wuchner’s admission to Defendants’ facility. Plaintiff, Dennis Wuchner seeks damages for loss of consortium. Plaintiffs filed this action on 12/14/15.
At this time, Defendant, All Source Recruiting Group, Inc. moves for judgment on the pleadings on Plaintiff, Barbara Wuchner’s complaint, contending she has passed away since the action was filed, and no party has substituted in to prosecute the action. The motion is supported by a request for judicial notice of Decedent’s death certificate, which shows she passed away on 3/26/17.
CCP §337.31 permits Decedent’s personal representative or successor in interest to make a motion to continue this action as a survival action. Defendant
Hearing Date
September 26, 2017
Type
Othr Profes Health Care Malpractce (General Jurisdiction)
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[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION FOR JUDGMENT ON THE PLEADINGS
Plaintiffs, Barbara and Dennis Wuchner filed this action against Defendants, Fireside Convalescent Hospital and All Source Recruiting Group, Inc. for medical malpractice and related claims arising out of Plaintiff, Barbara Wuchner’s admission to Defendants’ facility. Plaintiff, Dennis Wuchner seeks damages for loss of consortium. Plaintiffs filed this action on 12/14/15.
At this time, Defendant, All Source Recruiting Group, Inc. moves for judgment on the pleadings on Plaintiff, Barbara Wuchner’s complaint, contending she has passed away since the action was filed, and no party has substituted in to prosecute the action. The motion is supported by a request for judicial notice of Decedent’s death certificate, which shows she passed away on 3/26/17.
CCP §337.31 permits Decedent’s personal representative or successor in interest to make a motion to continue this action as a survival action. Defendant