Order_re_demurrer_and_motion_to_strike_re_pltf_second_amended_complaint

Motion

Cal. Super. - 2nd Dist.March 13, 2018

El ec tr on ic al ly Re ce iv ed 02 /2 5/ 20 19 02 :3 8 ro CARROLL, KELLY, TROTTER, FRANZEN, McBRIDE & PEABODY MICHAEL J. TROTTER (SBN 139034) MATTHEW N. TROTTER (SBN 201370) TONY HSU (SBN 234243) 111 West Ocean Boulevard, 14th Floor Post Office Box 22636 Long Beach, California 90801-5636 Telephone No. (562) 432-5855 / Facsimile No. (562) 432-8785 Attorneys for Defendant, Antelope Valley Hospital, A Facility of Antelope Valley Healthcare District [sued and served herein as Antelope Valley Healthcare District) Governmental Entities and Employees of Governmental E, ntity; No Filing Fee Required Pursuant to Gov. Code §6103 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES MICHAEL = W. PINCHER (aka MIKE CASE NO.: MC027829 PINCHER), an individual: MICHAEL W. PINCHER (aka MIKE PINCHER). TRUSTEE [PROPOSED] ORDER RE DEFENDANT, OF THE MARY A. PINCHER LIVING ANTELOPE VALLEY HOSPITAL, A TRUST, FACILITY OF ANTELOPE VALLEY ' HEALTHCARE DISTRICT'S Plaintiff, DEMURRER AND MOTION TO STRIKE PLAINTIFFS’ VERIFIED SECOND Ele AMENDED COMPLAINT ANTELOPE VALLEY HEALTHCARE DISTRICT, dba ANTELOPE VALLEY HOSPITAL, a public entity; HIGH DESERT MEDICAL CORPORATION. a Medical Group: XAO WAN, an individual: ANAS ENTABI, an individual; and DOES 1 through 100, inclusive, DATE: March 26, 2019 TIME: 8:30 a.m. DEPT: AlS5 RESERVATION ID: 928075853568 N ASSIGNED FOR ALL PURPOSES TO: Defendants. JUDGE: RANDOLPH A. ROGERS | DEPARTMENT: A15 Complaint Filed: 03/13/18 | Trial Date: 05/24/19 I I 1 /1f E:16312260-78\PId\DEM URRER_MTS_SAC\PROPOSED ORDER DEMURRER MTS 001 - SAC.Doex 1 [PROPOSED] ORDER RE DEFENDANT. ANTELOPE VALLEY HOSPITAL, A FACILITY OF ANTELOPE VAI LEY HEALTHCARE DISTRICT'S DEMURRER AND MOTION TO STRIKE RE PLAINTIFFS’ VERIFIED SECOND AMENDED COMPLAINT Defendant. ANTELOPE VALLEY HOSPITAL. a facility of ANTELOPE VALLEY HEALTHCARE DISTRICTs Demurrer to Plaintiffs’ Verified Second Amended Complaint and Motion to Strike Portions of Plaintiffs’ Verified Second Amended Complaint. came on for hearing before the Honorable Randolph A. Rogers on March 26. 2019 at 8:30 a.m.. in Department A15 of the Los Angeles Superior Court - North District located at42011 4™ Street West, Lancaster, California 93534. After full consideration of the Demurrer to Plaintiffs’ Verified Second Amended Complaint and Motion to Strike Portions of Plaintiffs’ Verified Second Amended Complaint, the Supporting Evidence of moving defendant. the Declaration of Tony Hsu, Esq.. and the papers and authorities submitted by all parties, IT IS HEREBY ORDERED as follows: (1) Defendant's Demurrer to plaintiffs’ First Cause of Action for Professional Negligence/ Medical Malpractice is sustained without leave to amend. (2) Defendant's Demurrer to plaintiffs” Second Cause of Action for Wrongful Death is sustained without leave to amend. (3) Defendant's Demurrer to plaintiffs’ Third Cause of Action for Elder Abuse is sustained without leave to amend. (4) Defendant’s Motion to Strike plaintiffs’ prayer for punitive damages is granted. (5) Defendants Motion to Strike plaintiff's prayer for attorney's fees is granted. IT IS SO ORDERED. DATED: , 2019 HONORABLE RANDOLPH A. ROGERS JUDGE OF THE SUPERIOR COURT E116312260-78\PIADEMURRER_MTS_SAC\PROPOSED ORDER DEMURRER MTS 001 - SAC.Docx 2 [PROPOSED] ORDER RE DEFENDANT, ANTELOPE VALLEY HOSPITAL, A FACILITY OF ANTELOPE VALLEY HEALTHCARE DISTRICT'S DEMURRER AND MOTION TO STRIKE RE PLAINTIFFS’ VERIFIED SECOND AMENDED COMPLAINT wn ~N DD PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ['am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Post Office Box 22636, Long Beach, CA 90801-5636. On February 25, 2019, I served a true and correct copy of the following document [PROPOSED] ORDER RE DEFENDANT, ANTELOPE VALLEY HOSPITAL, A FACILITY OF ANTELOPE VALLEY HEALTHCARE DISTRICT’S DEMURRER AND MOTION TO STRIKE RE PLAINTIFFS’ VERIFIED SECOND AMENDED COMPLAINT on the list of interested parties attached: X By United States Mail (CCP §§1013a, et seq.): I enclosed said document(s) in a sealed envelope or package to each addressee. 1 placed the envelope for collection and mailing. following our ordinary business practices. I am readily familiar with the firm's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. with postage fully prepaid. a By Overnight Delivery/Express Mail (CCP §§1013(c)(d), et seq.): | enclosed said document(s) in a sealed envelope or package provided by an overnight delivery carrier to each addressee. I placed the envelope or package. delivery fees paid for, for collection and overnight delivery at an office or at a regularly utilized drop box maintained by the express service carrier at 111 West Ocean Boulevard. Long Beach. California. O By Fax Transmission (CRC 2.306): Based on a written agreement of the parties to accept service by fax transmission, | faxed said document(s) to each addressee's fax number. The facsimile machine that | utilized, (562) 432-8785, complied with California Rules of Court, Rule 2.301(3), and no error was reported by the machine. Pursuant to Rule 2.306(h)(4), I caused the machine to print a record of the transmission, a copy of which is attached to the original of this proof of service. O By Messenger Service: I enclosed said document(s) in a sealed envelope or package to each addressee. I provided them to a professional messenger service (Signal Attorney Service) for service. An original proof of service by messenger will be filed pursuant to California Rules of Court, Rule 3.1300(c¢). Lt] Electronic Mail. Via e-mail to the address shown above. [ declare under the penalty of perjury under the laws of the State of California and of the United States that the foregoing is true and correct. Executed on February 25, 2019, at Long B . California. DYANA L.[PIMENTEL E 16312260-78\PId\DEMURRER_MTS_SAC\PROPOSED ORDER DEMURRER MTS 001 - SAC. Docx 3 [PROPOSED] ORDER RE DEFENDANT. ANTELOPE VALLEY HOSPITAL, A FACILITY OF ANTELOPE VALLEY HEALTHCARE | DISTRICT'S DEMURRER AND MOTION TO STRIKE RE PLAINTIFFS® VERIFIED SECOND AMENDED COMPLAINT J +S ~N O N Wa 10 11 12 14 15 16 17 18 19 21 22 23 24 26 27 28 Proof of Service Mailing List Re: Pincher v. Antelope Valley Hospital, et al. Mike Pincher, Esq. Law Offices of Mike Pincher 38530 159" Street East Palmdale, CA 93591 661/264-4067 661/264-0346 facsimile Attorneys for Plaintiffs Mark L. Kiefer, Esq. Ericksen Arbuthnot 835 Wilshire Boulevard, Suite 500 Los Angeles, CA 90017 213/489-4411 213/489-4332 facsimile Attorneys for Co-Defendant, Xao Wan. M.D. Thomas M. O'Neil, Esq. Gary L. Dennis, Esq. Bonne, Bridges. Mueller, O'Keefe & Nichols 355 South Grand Avenue, Suite 1750 Los Angeles. CA 90071 213/607-5801 213/607-5588 Attorneys for Co-Defendants, Anas Entabi, M.D. 63-2260-78 6 a ro ro 60-78 £:16312260-78\PId\DEMURRER_MTS_SAC\PROPOSED ORDER DEMURRER MTS 001 - SAC.Docx 4 [PROPOSED] ORDER RE DEFENDANT, ANTELOPE VALLEY HOSPITAL. A FACILITY OF ANTELOPE VALLEY HEALTHCARE DISTRICT'S DEMURRER AND MOTION TO STRIKE RE PLAINTIFFS” VERIFIED SECOND AMENDED COMPLAINT