OLLIE PEARL OWENS VS ST. FRANCIS MEDICAL CENTER, A CALIFORNIA NON-PROFIT CORPORATION, ET AL.

Tentative Rulings

Case Number: *******9973 Hearing Date: February 4, 2022 Dept: 29

TENTATIVE

*******9973 Owens v. St. Francis Medical Center

Court Order Re: Transfer and Reassignment of Complicated Personal Injury (“PI”) Case to An Independent Calendar ("IC") Courtroom from Department 29, a PI Hub Court.

The Court's order Re: Transfer of Complicated Personal Injury Case to an Independent Calendar Court, is posted on the Court's website.

AFTER REVIEW OF THE FILE, THE COURT MAKES THE FOLLOWING ORDER:

Department 29 of the Personal Injury Court has determined that the above-entitled action is complicated based upon the number of pretrial hearings and/or the complexity of the issues presented.

At the direction of Department 1, this case is hereby ordered reassigned and transferred to the South Central District, the Honorable JUDGE THOMAS LONG presiding in Department A of the Compton Courthouse, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the cause for trial to that Independent Calendar Court.

Any pending motions or hearings, including trial or status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar Court. (NOTE: All hearings currently set in Department 29 of the Spring Street Courthouse are taken off calendar subject to being reset and notified by the receiving court Re: New hearing dates.)

Judicial Assistant is directed to give notice to Plaintiff, who upon receipt of this notice, is ordered to give notice to all parties of record.

Case Number: *******9973 Hearing Date: May 17, 2022 Dept: A

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – SOUTH CENTRAL DISTRICT

I. BACKGROUND

The operative First Amended Complaint (“FAC”) filed on August 24, 2021 alleges that Plaintiff was admitted to St. Francis Medical Center (“St. Francis”) for shortness of breath on June 4, 2020. While under Defendant’s care, Plaintiff allegedly fell from a hospital bed because of Defendant’s failure to lock the bed’s wheels. Plaintiff alleges claims for medical malpractice, negligence, negligent supervision and retention and elder abuse.

II. MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT

Plaintiff’s motion, filed on April 21, 2022, seeks an order to permit filing a second amended complaint to add a cause of action for negligent infliction of emotional distress. Plaintiff will also add additional facts describing her injuries in detail and more particular allegations to the claim for elder abuse. Plaintiff will add additional facts concerning the number of complaints filed against St. Francis by the California Department of Public Health.

On May 3, 2022, St. Francis filed a notice of non-opposition.

III. LEGAL STANDARDS

Leave to amend is permitted at the court’s discretion upon any terms that may be just. Code Civ. Proc., 473(a)(1). The statute is liberally construed to permit amendment of the pleadings “unless an attempt is made to present an entirely different set of facts by way of the amendment.” Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760.

If the motion is timely made, and the granting of the motion will not result in prejudice to the opposing party, it is error to refuse permission to amend. Morgan v. Superior Court of Los Angeles County (1959) 172 Cal. App. 2d 527, 530. Where denial of the motion will result in a party being deprived of the right to assert a meritorious cause of action, “it is not only error but an abuse of discretion.” Id.

IV. DISCUSSION

Plaintiff intends to add an additional claim for negligent infliction of emotional distress arising from the same alleged facts and other details to support the new and existing claims. Defendant contends the SAC “varies little” from the FAC.

There is no evidence of prejudice arising from the new allegations. The trial date has not yet been set.

V. CONCLUSION

Based on the foregoing, the Motion is GRANTED. Plaintiff is ordered to file the SAC forthwith.

Dated: May 17, 2022

Hon. Thomas D. Long

Judge of the Superior Court