This Tentative Ruling is made by Judge Noël Wise The Court rules as follows on the Demurrer to Plaintiffs' Fourth Amended Complaint by Defendant Santhi Raja:

The demurrer to the Second Cause of Action for Battery is OVERRULED. Plaintiffs' allegations, if true, adequately support a claim that Raja was involved in a conspiracy to commit medical battery. (See Fourth Amended Complaint, paragraphs 248-252.) Whether those allegations are true cannot be determined in ruling on this demurrer. 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 battery claims. (See Daley v. Regents of the University of California (2019) 39