# 2. Daryl Sellers, et al. v. Promise Healthcare of California, Inc., et al.

Case No.: BC614633

Matter on calendar for: Demurrer, motion to strike

Tentative ruling:

I. Background

On March 28, 2017, the Court sustained Defendants Promise Hospital and Promise Healthcare’s demurrer to Plaintiffs’ First Amended Complaint (“FAC”) with leave to amend, because Plaintiff’s FAC failed to establish a causal link between Defendants’ alleged cost-cutting measures and Plaintiff’s accident. (See March 28, 2017 Minute Order.)

On April 13, 2017, Plaintiffs filed a Second Amended Complaint (“SAC”) alleging the following causes of action against Defendants:

(1) Dependent Adult Abuse and/or Neglect (violation of Welfare and Institutions Code §15600 et seq.);

(2) Willful Misconduct;

(3) Professional Negligence; and

(4) Loss of Consortium

Plaintiffs allege the following facts (and conclusions) against Defendants in their SAC:

· The California Department of Public Health between 2007 and 2015 re