This case was last updated from Los Angeles County Superior Courts on 07/23/2020 at 04:10:40 (UTC).

MIMI LIANG VS KWAME ADUSEI-POKU DONKOR M.D.

Case Summary

On 08/30/2019 MIMI LIANG filed a Personal Injury - Medical Malpractice lawsuit against KWAME ADUSEI-POKU DONKOR M D. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7960

  • Filing Date:

    08/30/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

LIANG MIMI

Defendant

DONKOR M.D. KWAME ADUSEI-POKU

Attorney/Law Firm Details

Defendant Attorney

MEADOWS BRIAN M.

 

Court Documents

Notice of Ruling - Notice of Ruling

11/19/2019: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

11/19/2019: Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

Notice of Motion - Notice of Motion

10/17/2019: Notice of Motion - Notice of Motion

Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

10/17/2019: Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

Declaration (name extension) - Declaration MEET AND CONFER DECLARATION OF MYRA A. FIRTH, ESQ. IN SUPPORT OF DEMURRER

10/17/2019: Declaration (name extension) - Declaration MEET AND CONFER DECLARATION OF MYRA A. FIRTH, ESQ. IN SUPPORT OF DEMURRER

Complaint - Complaint

8/30/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/30/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

8/30/2019: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

8/30/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

8/30/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

First Amended Standing Order - First Amended Standing Order

8/30/2019: First Amended Standing Order - First Amended Standing Order

 

Docket Entries

  • 09/02/2022
  • Hearing09/02/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 02/26/2021
  • Hearing02/26/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/19/2019
  • DocketNotice of Ruling; Filed by: Kwame Adusei-Poku Donkor M.D. (Defendant)

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  • 11/19/2019
  • DocketMinute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

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  • 11/19/2019
  • DocketHearing on Demurrer - with Motion to Strike (CCP 430.10) scheduled for 11/19/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 11/19/2019; Result Type to Held

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  • 10/18/2019
  • DocketHearing on Demurrer - with Motion to Strike (CCP 430.10) scheduled for 11/19/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/17/2019
  • DocketDemurrer - with Motion to Strike (CCP 430.10); Filed by: Kwame Adusei-Poku Donkor M.D. (Defendant)

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  • 10/17/2019
  • DocketDeclaration MEET AND CONFER DECLARATION OF MYRA A. FIRTH, ESQ. IN SUPPORT OF DEMURRER; Filed by: Kwame Adusei-Poku Donkor M.D. (Defendant)

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  • 10/17/2019
  • DocketNotice of Motion; Filed by: Kwame Adusei-Poku Donkor M.D. (Defendant)

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  • 08/30/2019
  • DocketComplaint; Filed by: Mimi Liang (Plaintiff); As to: Kwame Adusei-Poku Donkor M.D. (Defendant)

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  • 08/30/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: Mimi Liang (Plaintiff)

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  • 08/30/2019
  • DocketUpdated -- Request to Waive Court Fees: Filed By: Mimi Liang (Plaintiff); Result: Granted; Result Date: 08/30/2019; As To Parties: removed

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  • 08/30/2019
  • DocketCivil Case Cover Sheet; Filed by: Mimi Liang (Plaintiff)

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  • 08/30/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/30/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/30/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/30/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 08/30/2019
  • DocketNon-Jury Trial scheduled for 02/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/30/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/02/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/30/2019
  • DocketRequest to Waive Court Fees; Filed by: Mimi Liang (Plaintiff)

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Tentative Rulings

Case Number: 19STLC07960    Hearing Date: November 19, 2019    Dept: 94

DEMURRER TO COMPLAINT

(CCP § 430.10)

MOTION TO STRIKE COMPLAINT

(CCP §§ 435, 436)

TENTATIVE RULING:

Defendants’ Demurrer is SUSTAINED without leave to amend. Defendants’ Motion to Strike is MOOT.

ANALYSIS:

I. Background

On August 30, 2019, Plaintiff Mimi Liang (“Plaintiff”) brought this action for general negligence against defendants Kwame Adusei-Poku Donkor, M.D. (“Donkor”) and Kaiser Foundation Health Plan, Inc. (erroneously sued as Kaiser Permanente, Baldwin Park) (jointly “Defendants”). In response, Defendants filed a Demurrer and Motion to Strike the Complaint on October 17, 2019. No opposition or reply papers were filed.

II. Legal Standard

“The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240.) The legal standard for a demurrer and a motion to strike is the same. “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of America, N.A. (2017) 9 Cal.App.5th 719, 725.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (CCP § 437(a).) The court looks to whether “the complaint alleges facts sufficient to state a cause of action or discloses a complete defense.” (Ivanoff, supra, 9 Cal.App.5th p. 725.) The court “assume[s] the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken.” (Id.) “The court does not, however, assume the truth of contentions, deductions or conclusions of law. [Citation.]” (Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1358.)

III. Analysis

Plaintiff alleges she was a patient at Kaiser Permanente’s emergency room on May 26, 2018. (Compl., p. 5.) Plaintiff alleges she had a stomachache and defendant Donkor ordered an IV for Plaintiff. (Id.) Plaintiff alleges defendant Donkor did not inform her of what was in the IV before putting in the IV and did not obtain Plaintiff’s consent. (Id.) Plaintiff alleges she was rushed out of the emergency room afterwards. (Id.)

  1. Negligence

To establish a cause of action for negligence, the plaintiff must plead and prove: (1) a duty owed, (2) a breach of that duty, (3) causation, and (4) damages. (Johnson v. Prasad (2014) 224 Cal.App.4th 74, 78.)

Defendants contend Plaintiff’s Complaint fails to state sufficient facts to constitute a cause of action pursuant to CCP § 430.10(e) and the Complaint, on its face, violates the applicable statute of limitations. (Demmurrer pp. 1-2.)

  1. Statute of Limitations

As an initial matter, the court agrees with Defendants that Plaintiff’s negligence claim is not one of ordinary negligence, but rather professional negligence. “’The test reasonably must be whether the negligence occurred within the scope of the “skill, prudence, and diligence commonly exercised by practitioners of his profession.”…’ (Bellamy v. Appellate Dept. (1996) 50 Cal.App.4th 797, 801.) More so, Plaintiff’s cause of action falls underneath the Medical Injury Compensation Reform Act (MICRA) which defined professional negligence as “a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital.” (Code Civ. Proc., § 340.5(2).) Plaintiff alleges Defendants negligently treated her when she was a patient in the emergency room, falling within CCP § 340.5(2)’s definition of professional negligence.

As a cause of action for professional negligence, Plaintiff’s cause of action must be commenced “three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.” (Code Civ. Proc., § 340.5.) Plaintiff alleges she was a patient on May 26, 2018. (Compl., p 5.) Plaintiff alleges she “got shocked then,” when the nurse told her after the IV she would need to be picked up as she might be dizzy. (Id.) Plaintiff alleges “maybe Kaiser stuff [sic] knew I shouldn’t be there so Nurse told me to discharged [sic] as soon as IV was done. Rushing me out so quickly. [sic]. Very dis-satisfying [sic] for E.R. on that day.” (Id.) “The limitations period begins when the plaintiff’s suspicions are aroused. The period is not affected by the plaintiff’s diligence in finding facts to support his lawsuit.” (Knowles v. Sup. Ct. (2004) 118 Cal.App.4th 1290, 1300.) Plaintiff alleges she was suspicious or at least had reason to be suspicious of the alleged negligence on the same day she received treatment, May 26, 2018. As such, the statute of limitations on Plaintiff’s cause of action began running on May 26, 2018, and ended one year later on May 26, 2019. Plaintiff filed this instant lawsuit on August 30, 2019, thus Plaintiff’s cause of action is barred by the applicable statute of limitations. The court declines to address Defendants’ other argument as to the sufficiency of the pleadings in light of this ruling.

Based on the foregoing, Defendants’ demurrer to the Complaint is SUSTAINED without leave to amend.

  1. Motion to Strike

Based on the court’s ruling above, Defendants’ motion to strike is MOOT.

IV. Conclusion & Order

In light of the foregoing, the Demurrer is SUSTAINED without leave to amend and Motion to Strike is MOOT.

Moving parties are ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.