TENTATIVE RULING: sustain demurer without leave to amend and deny motion to strike as moot.
BACKGROUND
This primarily is an elder abuse, negligence, and fraud action arising out of conduct performed by multiple health care providers throughout their care of decedent Bessie McElroy (“Decedent”).
On September 20, 2018, Plaintiffs Velma McElroy (“Velma”), Jearl Dean Brown (“Brown”), and Michelle McElroy (“Michelle”) (collectively “Plaintiffs”) filed their initial complaint. Defendant San Pedro Convalescent Home, Inc., dba Los Palos Convalescent Hospital (“Defendant” or “Los Palos”) was not a named defendant. Plaintiffs did not name any “Doe” defendants in their caption, though there were allegations against “Doe” defendants in the pleading. (See e.g., Complaint ¶¶ 10-11.)
On November 14, 2018, Plaintiffs filed their first amended complaint (“FAC”). Los Palos was not a named defendant. Plaintiffs did not name any “Doe” defendants in their caption, though there were allegations against
Hearing Date
March 10, 2020
Type
Medical Malpractice - Physicians & Surgeons (General Jurisdiction)
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TENTATIVE RULING: sustain demurer without leave to amend and deny motion to strike as moot.
BACKGROUND
This primarily is an elder abuse, negligence, and fraud action arising out of conduct performed by multiple health care providers throughout their care of decedent Bessie McElroy (“Decedent”).
On September 20, 2018, Plaintiffs Velma McElroy (“Velma”), Jearl Dean Brown (“Brown”), and Michelle McElroy (“Michelle”) (collectively “Plaintiffs”) filed their initial complaint. Defendant San Pedro Convalescent Home, Inc., dba Los Palos Convalescent Hospital (“Defendant” or “Los Palos”) was not a named defendant. Plaintiffs did not name any “Doe” defendants in their caption, though there were allegations against “Doe” defendants in the pleading. (See e.g., Complaint ¶¶ 10-11.)
On November 14, 2018, Plaintiffs filed their first amended complaint (“FAC”). Los Palos was not a named defendant. Plaintiffs did not name any “Doe” defendants in their caption, though there were allegations against