Case Number: BC615291 Hearing Date: January 12, 2018 Dept: NCE

3. Goldman v. BHC Alhambra Hospital, Inc.

BC615291

Unopposed demurrer of defendant Howard Askins, M.D. to the Third Amended Complaint:

Demurrer is overruled to the first cause of action for dependent adult abuse and the second cause of action for false imprisonment.

Demurrer is sustained without leave to amend as to the third cause of action for violation of the Unruh Act, the fourth cause of action for violation of the Ralph Act and the fifth cause of action for violation of the Bane Act. Plaintiff has failed to allege these statutory claims with the requisite specificity against this demurring defendant, despite being permitted leave to amend to do so.

Ten days to answer.

Demurrer of defendant Cynthia Pfeiffer, M.D. and Ramin Tabatabai, M.D. to the Third Amended Complaint:

Demurrer to the first cause of action for dependent adult abuse is sustained without leave to amend on the ground the facts as alleged indicate that defendant was not a dependent adult at the time these demurring defendants dealt with plaintiff.

Demurrer to the second cause of action for false imprisonment and the seventh cause of action for medical negligence is overruled.

Demurrer to the third cause of action for violation of the Unruh Act is sustained without leave to amend. It is not specifically alleged what violations were engaged in by the moving defendants and the allegations are not that the conduct was engaged in for discriminatory purposes, but rather to maximize profits.

Demurrer to the fourth cause of action for violation of the Ralph Act and fifth cause of action for violation of the Bane Act is sustained without leave to amend. The pleading does not allege that the demurring defendants were parties who engaged in the alleged threatening or violent conduct. [§ 33.]

Demurrer to the sixth cause of action for medical battery and eighth cause of action for assault is sustained without leave to amend on the ground the complaint does not allege that these demurring defendants were parties who engaged in the alleged threatening or violent conduct. [§ 33.]

Motion to strike portions of the Third Amended Complaint is granted as to the claims for punitive damages, for penalties and attorneys’ fees under the Unruh, Bane and Ralph Acts and the allegation that damages exceed $25,000. The motion is denied on all other grounds.

Ten days to answer.