SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHWEST DISTRICT

BARBARA PIETROWSKI-VALDEZ and RUBEN VALDEZ, Plaintiffs, vs. SMITH & NEPHEW, INC.; WEST HILLS HOSPITAL & MEDICAL CENTER; and DOES 1-50, Defendants.

CASE NO: BC684293

[TENTATIVE] ORDER RE: SMITH & NEPHEW’S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION

Dept. U

8:30 a.m.

July 28, 2020

I. BACKGROUND

Barbara Pietrowski-Valdez (Barbara) and Ruben Valdez (Ruben) (collectively, Plaintiffs) initiated this suit against Smith & Nephew, Inc. (Smith & Nephew), West Hills Hospital & Medical Center (West Hills), and Does 1 through 50 on November 20, 2017. Plaintiff filed a first amended complaint on June 28, 2019, alleging: (1) negligence via products liability; (2) strict liability for failure to warn; (3) strict products liability for design defect: (4) fraud by intentional misrepresentation; (5) fraud by concealment; (6) fraud by negligent misrepresentation; (7) negligence; an