*******9261
12/19/2022
Pending - Other Pending
Civil Right - Other Civil Right
Los Angeles, California
CHARLES C. LEE
KEPLER CHRISTIAN
FRESENIUS MEDICAL CARE HOLDINGS INC.
WALKER KATHLEEN M.
4/19/2023: Amended Complaint - (AMENDED)
4/18/2023: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)
4/18/2023: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (CASE MANAGEMENT CONFERENCE) OF 04/18/2023
4/13/2023: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
4/13/2023: Notice of Ruling
4/13/2023: Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)
4/13/2023: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10) TO C...)
4/6/2023: Response - RESPONSE TO DEMURRER & MOTION TO DISMISS
4/6/2023: Response - RESPONSE TO DEMURRER & MOTION TO DISMISS; RESERVATION NO.: 847661560131
4/6/2023: Notice - NOTICE OF NON-OPPOSITION TO DEFENDANTS DEMURRER AND MOTION TO STRIKE
4/3/2023: Case Management Statement
2/9/2023: Demurrer - with Motion to Strike (CCP 430.10)
2/9/2023: Request for Judicial Notice
2/9/2023: Motion to Strike (not initial pleading)
1/6/2023: Request For Copies
12/20/2022: Notice of Case Management Conference
12/19/2022: Complaint
12/19/2022: Summons - SUMMONS ON COMPLAINT
Hearing07/20/2023 at 08:30 AM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; Case Management Conference
[-] Read LessDocketFirst Amended Complaint; Filed by: Christian Kepler (Plaintiff); As to: Fresenius Medical Care Holdings, Inc. (Defendant); National Medical Care Inc. (Defendant); Bio-Medical Applications of California Inc. (Defendant) et al.
[-] Read LessDocketMinute Order (Case Management Conference)
[-] Read LessDocketCertificate of Mailing for (Case Management Conference) of 04/18/2023; Filed by: Clerk
[-] Read LessDocketOn the Court's own motion, Case Management Conference scheduled for 04/18/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 24 Not Held - Continued - Court's Motion was rescheduled to 07/20/2023 08:30 AM
[-] Read LessDocketUpdated -- Demurrer to Complaint; reservation no.: 847661560131: Filed By: Fresenius Medical Care Holdings, Inc. (Defendant); Result: Sustained with Leave to Amend ; Result Date: 04/13/2023
[-] Read LessDocketUpdated -- Motion to Strike portions of plaintiff's complaint; reservation no.: 847661560131: Filed By: Fresenius Medical Care Holdings, Inc. (Defendant); Result: Granted ; Result Date: 04/13/2023
[-] Read LessDocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore; Filed by: Fresenius Medical Care Holdings, Inc. (Defendant)
[-] Read LessDocketNotice of Ruling; Filed by: Fresenius Medical Care Holdings, Inc. (Defendant)
[-] Read LessDocketMinute Order (Nunc Pro Tunc Order)
[-] Read LessDocketUpdated -- Bio-Medical Applications of California Inc. (Defendant): Organization Name changed from Bio-Medical Applications of California Inc., a Delaware Corporation to Bio-Medical Applications of California Inc.
[-] Read LessDocketComplaint; Filed by: Christian Kepler (Plaintiff); As to: Fresenius Medical Care Holdings, Inc., a New York Corporation (Defendant); National Medical Care Inc., a Delaware Corporation (Defendant); Bio-Medical Applications of California Inc., a Delaware Corporation (Defendant) et al.
[-] Read LessDocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Christian Kepler (Plaintiff)
[-] Read LessDocketCivil Case Cover Sheet; Filed by: Christian Kepler (Plaintiff)
[-] Read LessDocketSummons on Complaint; Issued and Filed by: Clerk
[-] Read LessDocketAlternate Dispute Resolution Packet; Filed by: Clerk
[-] Read LessDocketFirst Amended General Order re: Mandatory Electronic Filing; Filed by: Clerk
[-] Read LessDocketVoluntary Efficient Litigation Stipulation Packet; Filed by: Clerk
[-] Read LessDocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk
[-] Read LessDocketCase assigned to Hon. Kristin S. Escalante in Department 24 Stanley Mosk Courthouse
[-] Read LessCase Number: *******9261 Hearing Date: April 13, 2023 Dept: 24
Demurrer by defendant Fresenius Medical Care Holdings, Inc., to plaintiff’s complaint. SUSTAINED IN ITS ENTIRETY on grounds set forth in the moving papers. 20 days leave to amend. Although it is far from clear plaintiff will be able to successfully amend, plaintiff will be given an opportunity to do so. Defendant’s request for judicial notice is granted.
Motion to strike portions of plaintiff’s complaint.
GRANTED IN ITS ENTIRETY on grounds set forth in the moving papers. 20 days leave to amend. Although it is far from clear plaintiff will be able to successfully amend, plaintiff will be given an opportunity to do so. Defendant’s request for judicial notice is granted.