Demurrer CLMCal. Super. - 2nd Dist.January 16, 2015123 Judge SUPERIOR COURT OF CALIFORNIA, TENTATIVE RULINGS EVENT DATE: EVENT TIME: VENTURA DIVISION October 26, 2015 10/29/2015 08:20:00 AM DEPT.: 20 COUNTY OF VENTURA JUDICIAL OFFICER: Rocky Baio CASE NUM: CASE CATEGORY: EVENT TYPE: CASE TITLE: CASE TYPE:Civil - Unlimited Medical Malpractice 56-2015-00462996-CU-MM-VTA LABICKI VS. LOS ROBLES REGIONAL MEDICAL CENTER Demurrer (CLM) CAUSAL DOCUMENT/DATE FILED: Demurrer, 10/05/2015 stolo No notice of intent to appear is required. If you wish to submit on the tentative decision, you may submit a telefax to Judge Baio's secretary, Lori Jacques at 805-677-8714, stating that you submit on the tentative. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. Court's Tentative Ruling Operative Document: Demurrer of defendant Dr. Mann to SAC. Ruling: Sustain demurrer with leave to amend one last time. Reason: Plaintiff still has failed to plead specific facts of a false statement by Dr. Mann suggesting that Ms. Labicki's condition was gravely terminal. Such statements, if true, were not made by Dr. Mann but by others at a meeting not attended by Dr. Mann. Further, the only statement attributed to Dr. Mann is that Ms. Labicki had a "strong heart". Without more, it is not reasonable for one to infer that a "strong heart" meant a terminable, non-treatable condition. TENTATIVE RULINGS Page: 1
