gordelia clark, Plaintiff, v. olympia medical center, et al., Defendants.
Case No.: BC723176
Hearing Date: December 10, 2019
[TENTATIVE] order RE:
Defendant’s Albert Lam, M.D.’s motion to abate
Defendant Olympia Medical Center (“Defendant”) moves for an order abating this action on the basis that Plaintiff Gordelia Clark (“Plaintiff”) has failed to join all the heirs of Decedent Vincent Udeoji (“Decedent”). The motion is continued.
Nonjoinder of an heir or heirs to a wrongful death action does not affect the court’s authority to adjudicate the case. (Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) However, a judgment in a wrongful death action bars subsequent claims against the tortfeasor by those omitted heirs. (Id. at 810.) Therefore, Plaintiff may be personally liable to the omitted heirs in the amount of damages they could have recovered if they were joined in the action. (Ibid.) Additionally, a settlement between the Defendant and some of the heirs in a wrongful de
Hearing Date
December 10, 2019
Type
Medical Malpractice - Physicians & Surgeons (General Jurisdiction)
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gordelia clark, Plaintiff, v. olympia medical center, et al., Defendants.
Case No.: BC723176
Hearing Date: December 10, 2019
[TENTATIVE] order RE:
Defendant’s Albert Lam, M.D.’s motion to abate
Defendant Olympia Medical Center (“Defendant”) moves for an order abating this action on the basis that Plaintiff Gordelia Clark (“Plaintiff”) has failed to join all the heirs of Decedent Vincent Udeoji (“Decedent”). The motion is continued.
Nonjoinder of an heir or heirs to a wrongful death action does not affect the court’s authority to adjudicate the case. (Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) However, a judgment in a wrongful death action bars subsequent claims against the tortfeasor by those omitted heirs. (Id. at 810.) Therefore, Plaintiff may be personally liable to the omitted heirs in the amount of damages they could have recovered if they were joined in the action. (Ibid.) Additionally, a settlement between the Defendant and some of the heirs in a wrongful de