This case was last updated from San Francisco County Superior Courts on 08/24/2022 at 21:40:42 (UTC).

CASSANDRA ROE VS. DIGNITY HEALTH ET AL

Case Summary

On 08/23/2022 CASSANDRA ROE filed an Other lawsuit against DIGNITY HEALTH. This case was filed in San Francisco County Superior Courts, San Francisco County Civic Center Courthouse located in San Francisco, California. The Judge overseeing this case is SAMUEL K. FENG. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1393

  • Filing Date:

    08/23/2022

  • Case Status:

    Not Classified By Court

  • Case Type:

    Other

  • County, State:

    San Francisco, California

Judge Details

Judge

SAMUEL K. FENG

 

Party Details

Plaintiff

ROE, CASSANDRA

Defendants

DIGNITY HEALTH DBA DOMINICAN HOSPITAL

DOES 1 THROUGH 50, INCLUSIVE

DUNNE, PETER FRANCIS

TELECARE CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

MATIASIC, PAUL A.

Attorney at THE MATIASIC FIRM, P.C.

4 Embarcadero Center, Suite 1400

San Francisco, CA 94111

 

Court Documents

Cassandra Roe v. Dignity -- Complaint.pdf

OTHER NON EXEMPT COMPLAINTS, COMPLAINT (TRANSACTION ID # 100173568) FILED BY PLAINTIFF ROE, CASSANDRA AS TO DEFENDANT DIGNITY HEALTH DBA DOMINICAN HOSPITAL TELECARE CORPORATION DUNNE, PETER FRANCIS DOES 1 THROUGH 50, INCLUSIVE NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET NOT FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JAN-25-2023 PROOF OF SERVICE DUE ON OCT-24-2022 CASE MANAGEMENT STATEMENT DUE ON JAN-03-2023

Cassandra Roe CCCS.pdf

CIVIL CASE COVERSHEET FILED (TRANSACTION ID # 100173568) FILED BY PLAINTIFF ROE, CASSANDRA

Notice to Plaintiff

NOTICE TO PLAINTIFF

Cassandra Roe Summons.pdf

SUMMONS ISSUED (TRANSACTION ID # 100173568) TO PLAINTIFF ROE, CASSANDRA

 

Docket Entries

  • 01/25/2023
  • HearingMatter(s): CASE MANAGEMENT CONFERENCE; Location: CIVIC CENTER COURTHOUSE ROOM 610; Judge Name: SAMUEL K. FENG

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  • 08/24/2022
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  • DocketSUMMONS ISSUED (TRANSACTION ID # 100173568) TO PLAINTIFF ROE, CASSANDRA

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  • 08/24/2022
  • FinancialPayment: CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount: $435; Payment Type: ELECTRONIC; Receipt Number: R4122824F013

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  • 08/23/2022
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  • DocketNOTICE TO PLAINTIFF

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  • 08/23/2022
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  • DocketCIVIL CASE COVERSHEET FILED (TRANSACTION ID # 100173568) FILED BY PLAINTIFF ROE, CASSANDRA

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  • 08/23/2022
  • View Court Documents
  • DocketOTHER NON EXEMPT COMPLAINTS, COMPLAINT (TRANSACTION ID # 100173568) FILED BY PLAINTIFF ROE, CASSANDRA AS TO DEFENDANT DIGNITY HEALTH DBA DOMINICAN HOSPITAL TELECARE CORPORATION DUNNE, PETER FRANCIS DOES 1 THROUGH 50, INCLUSIVE NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET NOT FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JAN-25-2023 PROOF OF SERVICE DUE ON OCT-24-2022 CASE MANAGEMENT STATEMENT DUE ON JAN-03-2023; Fee: $435.00

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Tentative Rulings

Case Number:*******1393
Case Title:CASSANDRA ROE VS. DIGNITY HEALTH ET AL
Court Date:NOV-23-2022 09:30 AM
Calendar Matter:DEMURRER to COMPLAINT
Rulings:Matter on calendar for Wednesday, November 23, 2022, Line 6,DEFENDANT TELECARE CORPORATION'S DEMURRER to COMPLAINT.Defendant's demurrer to all causes of action is overruled. Defendant argues that Plaintiff's claims are time-barred. Plaintiff argues that all causes of action are timely under CCP sec. 340.16 (Opp., 5:18-19) which provides that: "(a) In any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff's 18th birthday, the time for commencement of the action shall be the later of the following: (1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff" and instructs that "(3) This section applies to any action described in subdivision (a) that is commenced on or after January 1, 2019." Defendant appears to concede that the claims are timely, only stating in its reply that "Plaintiff's opposition focuses on the statute of limitations issues but fails to address the lack of facts that would give rise to these intentional torts as to this third party." (Reply 1: 25-27) Defendant's reply does not address the 10 years provision within CCP sec. 340.16. Plaintiff's claims stem from injuries that allegedly occurred in March of 2019. (Cmplnt., 3.) The claims are timely. Defendant then argues that there is no factual or legal basis for causes of action five through eight (assault, battery, sexual battery, and intentional infliction of emotional distress) as to it. However, Plaintiff states that in addition to brushing off her claims, impeding a police investigation, and causing her emotional distress, that Defendant can also be liable for its co-defendant's breaches on theories of agency and vicarious liability. (Cmplnt., 3, 5, 16, 17, 19, 20.) Specifically, Plaintiff alleges all defendants were in mutual-employment and mutual-agency relationships which supports ratification theories. (Id. at 3.) (See Garton v. Title Ins. & Trust Co. (1980) 106 Cal.App.3d 365, 376 ["Generally, an allegation of agency is an allegation of ultimate fact and is, of itself, sufficient to avoid a demurrer.].) Plaintiff also argues that security guard had a propensity for sexual touching and Dignity Health and Defendant concealed this, thus ratifying the behavior. (Cmplnt. 3, 5, 21.)Plaintiff sufficiently pleads facts to demonstrate the causes of action.For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. = (302/RBU)



Case Number:*******1393
Case Title:CASSANDRA ROE VS. DIGNITY HEALTH ET AL
Court Date:NOV-16-2022 09:30 AM
Calendar Matter:DEMURRER to COMPLAINT
Rulings:Matter on calendar for Wednesday, November 16, 2022, Line 11DEFENDANT TELECARE CORPORATION'S DEMURRER to COMPLAINT.Hearing required to address plaintiff's late-filed opposition.For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, please send an email to contestdept302tr@sftc.org to provide the following: their name, CSR and telephone numbers, and their individual work email address. = (302/RBU)



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