On 08/14/2017 LEIANDRA WINTER filed a Personal Injury - Medical Malpractice lawsuit against THE REGENTS OF THE UNIVERSITY OF CAL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
LAURA A. SEIGLE
DOES 1 TO 100
THE REGENTS OF THE UNIVERSITY OF
1/17/2019: Motion for Order
1/28/2019: Minute Order
5/16/2019: Proof of Service by Mail
5/31/2019: Minute Order
8/14/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: Failure to File Proof of Service (& TSC) - HeldRead MoreRead Less
Minute Order ( (Order to Show Cause Re: Failure to File Proof of Service & TSC)); Filed by ClerkRead MoreRead Less
Proof of Service by Mail; Filed by LEIANDRA WINTER (Plaintiff)Read MoreRead Less
at 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Continue (Motion For Order Extending Time)Read MoreRead Less
at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Advanced and VacatedRead MoreRead Less
at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Taken Off Calendar by CourtRead MoreRead Less
Minute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
Motion for Order (extending time); Filed by LEIANDRA WINTER (Plaintiff)Read MoreRead Less
ORDER ON COURT FEE WAIVERRead MoreRead Less
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
Complaint; Filed by LEIANDRA WINTER (Plaintiff)Read MoreRead Less
SUMMONSRead MoreRead Less
Case Number: BC672258 Hearing Date: February 03, 2021 Dept: 27
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, et al.,
[TENTATIVE] ORDER RE: DEFENDANT THE REGENTS OF THE UNIVERSITY OF CALIFORNIA’S DEMURRER AND MOTION TO STRIKE PLAINTIFF’S COMPLAINT
February 3, 2021
On August 14, 2017, Plaintiff Leiandra Winter filed this action against Defendant The Regents of the University of California.
II. LEGAL STANDARDS
A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face.¿(City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc.¿(1998) 68 Cal.App.4th 445, 459.)¿¿“We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law.¿¿We accept the factual allegations of the complaint as true and also consider matters which may be judicially noticed.¿¿[Citation.]”¿¿(Mitchell v. California Department of Public Health¿(2016) 1 Cal.App.5th 1000, 1007;¿Del E. Webb Corp. v. Structural Materials Co.¿(1981) 123 Cal.App.3d 593, 604 [“the facts alleged in the pleading are deemed to be true, however improbable they may be”].)¿¿Allegations are to be liberally construed.¿¿(Code Civ. Proc., § 452.)¿¿A demurrer may be brought if insufficient facts are stated to support the cause of action asserted.¿(Code Civ. Proc., § 430.10, subd. (e).)¿
Leave to amend must be allowed where there is a reasonable possibility of successful amendment.¿¿(Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.)¿¿The burden is on the complainant to show the Court that a pleading can be amended successfully.¿¿(Ibid.)
Before filing a demurrer, the demurring party shall meet and confer with the party who has filed the pleading and shall file a declaration detailing their meet and confer efforts. (Code Civ. Proc., § 430.41, subd. (a).)
Defense counsel declares that she called Plaintiff on two occasions leaving detailed voice messages but have not been able to complete their meet and confer efforts, warranting a 30-day automatic extension per Code of Civil procedure sections 430.41(a) and 435.5(a).
Plaintiff’s Complaint is a form complaint seeking $5,000,000 in damages resulting from procedure and treatment. Form complaints are not immune to demurrer. (People ex rel. Department of Transportation v. Superior Court (1992) 5 Cal.App.4th 1480, 1486.) Plaintiff checked “General Negligence” for Item 10 but does not attach any of the mandatory attachments that are required when filing a form complaint. Plaintiff’s failure to do so is fatal. Plaintiff did not oppose the Demurrer and there is no evidence that she can successfully amend the Complaint to state a cause of action. Accordingly, Defendant’s Demurrer is SUSTAINED.
As Defendant’s Demurrer is sustained, Defendant’s Motion to strike is DENIED as moot.
Defendant’s Demurrer is SUSTAINED without leave to amend.
Defendant’s Motion to strike is DENIED as moot.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.
Dated this 3rd day of February 2021
Hon. Edward B. Moreton, Jr.
Judge of the Superior Court
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