CHRISTINA MANN, Plaintiff(s), vs. LONG BEACH MEMORIAL MEDICAL CENTER et al., Defendant(s).
Case No.: BC645480
[TENTATIVE] ORDER SUSTAINING THE DEMURRER TO THE SECOND CAUSE OF ACTION
Dept. 3
1:30 p.m.
August 27, 2018
The Demurrer to the second cause of action is SUSTAINED. The burden is on Plaintiffs to make an offer of proof at the hearing on how the complaint can be reasonably amended to state a second cause of action that is distinct from the first cause of action. (See Goodman v. Kennedy (1976) 18 Cal. 3d 335, 349.)
I. Background Facts
On December 30, 2016, plaintiff Christina Mann (“Plaintiff”) filed a complaint against various defendants including but not limited to Long Beach Memorial Medical Center and Dr. Kathy Wilson. The complaint alleges causes of action for (1) medical malpractice and (2) negligence – res ipsa loquitor.
The complaint in relevant part alleges that the following: 1) on December 31, 2015, Plaintiff underwent a caesarean at Long Beach Memorial Medical
Hearing Date
August 27, 2018
Type
Med Malpractice (Drs & Surgeons) (General Jurisdiction)
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CHRISTINA MANN, Plaintiff(s), vs. LONG BEACH MEMORIAL MEDICAL CENTER et al., Defendant(s).
Case No.: BC645480
[TENTATIVE] ORDER SUSTAINING THE DEMURRER TO THE SECOND CAUSE OF ACTION
Dept. 3
1:30 p.m.
August 27, 2018
The Demurrer to the second cause of action is SUSTAINED. The burden is on Plaintiffs to make an offer of proof at the hearing on how the complaint can be reasonably amended to state a second cause of action that is distinct from the first cause of action. (See Goodman v. Kennedy (1976) 18 Cal. 3d 335, 349.)
I. Background Facts
On December 30, 2016, plaintiff Christina Mann (“Plaintiff”) filed a complaint against various defendants including but not limited to Long Beach Memorial Medical Center and Dr. Kathy Wilson. The complaint alleges causes of action for (1) medical malpractice and (2) negligence – res ipsa loquitor.
The complaint in relevant part alleges that the following: 1) on December 31, 2015, Plaintiff underwent a caesarean at Long Beach Memorial Medical