This Tentative Ruling is made by Judge Noël Wise The Court rules as follows on the Demurrer to Plaintiffs' Fourth Amended Complaint by Defendants East Bay Regional Critical Care and Pulmonary Medicine Inc., Peter Kierstead, James McFeely, and Yoshita Shroff:

The demurrer to the Second Cause of Action for Battery is OVERRULED. Plaintiffs' allegations, if true, adequately support a claim for battery, including the roles of Kierstead, McFeely, and Shroff in committing or conspiring to commit the battery. (See Fourth Amended Complaint, paragraphs 235-238 and 253-257.) Although Plaintiffs did not allege a claim for battery until their Third Amended Complaint filed February 19, 2021 (more than two years after decedent's death), Plaintiff alleges they did not discover the alleged wrongful conduct until after this lawsuit was filed (on December 6, 2019) and they reviewed decedent's medical records. (See Fourth Amended Complaint, paragraph 226.) The delayed discovery rule can apply to medical