JAMES SMITH; MARIA SMITH Plaintiffs, vs. MICHAEL SEDRAK, M.D.; SILVER LAKE MEDICAL CENTER; and DOES 1 through 200, Inclusive; Defendants.

CASE NO: BC653462

[TENTATIVE] ORDER RE: DEFENDANT SILVER LAKE MEDICAL CENTER’S DEMURRER TO PLAINTIFFS’ COMPLAINT

Dept. 98

1:30 p.m.

May 16, 2017

I. BACKGROUND

On March 7, 2017, James Smith (“James”) and Maria Smith (“Maria”) (collectively “Plaintiffs”) filed a Complaint against Defendants Michael Sedrak, M.D., Silver Lake Medical Center (“SLMC”) and Does 1 through 200, with Maria alleging a cause of action for negligence and James alleging a cause of action for loss of consortium.

Plaintiffs allege the following: 1) James and Maria are husband and wife and enjoyed consortium and conjugal rights prior to Maria being injured by Defendants. (Complaint ¶ 11.); 2) Defendants are health care professionals who failed to exercise ordinary care by negligently and carelessly providing among other things skill, care, treatment, advise and supervision to