SUSTAIN the demurrer with 30 DAYS leave to amend as to the first and second causes of action. OVERRULE the demurrer as to the remaining causes of action.
The first and second causes of action appear to be medical malpractice causes of action. The first cause of action is for medical malpractice. The second cause of action is for failure to obtained informed consent, which is covered by C.C.P. § 340.5. Warren v. Schecter (1997) 57 Cal.App.4th 1189, 1194. Plaintiff contends that these causes of action are not brought against Hemet Valley for its medical malpractice, but seek to hold Hemet Valley vicariously liable for Sizemore’s conduct, or liable through respondeat superior. As such, they are bound by Hemet Valley’s admission that the claims against Sizemore are not barred by the statute of limitations under C.C.P. § 340.5. However, these causes of action are generically alleged and Plaintiff appears to assert medical malpractice claims against the “Defendants”, which would include Hem
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SUSTAIN the demurrer with 30 DAYS leave to amend as to the first and second causes of action. OVERRULE the demurrer as to the remaining causes of action.
The first and second causes of action appear to be medical malpractice causes of action. The first cause of action is for medical malpractice. The second cause of action is for failure to obtained informed consent, which is covered by C.C.P. § 340.5. Warren v. Schecter (1997) 57 Cal.App.4th 1189, 1194. Plaintiff contends that these causes of action are not brought against Hemet Valley for its medical malpractice, but seek to hold Hemet Valley vicariously liable for Sizemore’s conduct, or liable through respondeat superior. As such, they are bound by Hemet Valley’s admission that the claims against Sizemore are not barred by the statute of limitations under C.C.P. § 340.5. However, these causes of action are generically alleged and Plaintiff appears to assert medical malpractice claims against the “Defendants”, which would include Hem