2012-00135410-CU-MM

William Sylvester vs. J Wedell

Nature of Proceeding: Hearing on Demurrer to Complaint (Theresa Kimura-Yip)

Filed By: Woodbridge Guess, Catherine

Defendant Theresa Kimura Yip’s demurrer to Plaintiff, William Sylvester’s complaint is
ruled upon as follows.

As an initial matter, the Court disagrees with Plaintiff that the demurrer was untimely
served. Defendant served that moving papers via mail on September 3, 2013.
Sufficient notice was provided.

Defendant’s request for judicial notice is granted.

The demurrer for uncertainty is SUSTAINED with leave to amend. Plaintiff’s complaint
is unclear as to the causes of action that he is asserting as each cause of action
combines multiple causes of action. Moreover, it is unclear as to which parties his
causes of action are against.

For example:

Cause of Action I is “Malpractice-intentional tort of infliction of emotional distress, pain
and suffering- general and professional negligence- deliberate indifference to serious
medical need – violation of 14th Amended right.”

Cause of Action II is “Respondeat superior-strict liability-deliberate indifference- breach
of contract- intentional tori, negligence, malpractice, professional negligence- equal
protection.”

Cause of Action III is “Professional negligence- intentional tort strict liability –
respondeat superior-deliberate indifference failure to act or prevent- violation of
plaintiffs 14th Amendment right to equal protection – breach of contract.

The Court grants leave to amend as this is Defendant’s first challenge to the
Complaint. Having sustained the demurrer on the grounds of uncertainty, the Court need not
address Defendant’s remaining arguments.

Plaintiff may file and serve a first amended complaint (“FAC”) by no later than October
21, 2013, Response to be filed and served within 10 days thereafter, 15 days if the
FAC is served by mail. (Although not required by any statute or rule of court, Plaintiff is
requested to attach a copy of the instant minute order to the FAC to facilitate the filing
of the pleading.)

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.

The clerk is directed to mail a copy of this order to Plaintiff.

Item 9 2012-00135410-CU-MM

William Sylvester vs. J Wedell

Nature of Proceeding: Hearing on Demurrer to Complaint (Wedell and Duc)

Filed By: Woodbridge Guess, Catherine

Defendants Dr. J. Wedell and Dr. V. Duc’s demurrer to Plaintiff, William Sylvester’s
complaint is ruled upon as follows.

Defendants’ request for judicial notice is granted.

The demurrer for uncertainty is SUSTAINED with leave to amend. Plaintiff’s complaint
is unclear as to the causes of action that he is asserting as each cause of action
combines multiple causes of action. Moreover, it is unclear as to which parties his
causes of action are against.

For example:

Cause of Action I is “Malpractice-intentional tort of infliction of emotional distress, pain
and suffering- general and professional negligence- deliberate indifference to serious
medical need – violation of 14th Amended right.”

Cause of Action II is “Respondeat superior-strict liability-deliberate indifference- breach
of contract- intentional tori, negligence, malpractice, professional negligence- equal
protection.”

Cause of Action III is “Professional negligence- intentional tort strict liability –
respondeat superior-deliberate indifference failure to act or prevent- violation of
plaintiffs 14th Amendment right to equal protection – breach of contract.

The Court grants leave to amend as this is Defendant’s first challenge to the
Complaint.

Having sustained the demurrer on the grounds of uncertainty, the Court need not
address Defendant’s remaining arguments.

Plaintiff may file and serve a first amended complaint (“FAC”) by no later than October
21, 2013, Response to be filed and served within 10 days thereafter, 15 days if the
FAC is served by mail. (Although not required by any statute or rule of court, Plaintiff is
requested to attach a copy of the instant minute order to the FAC to facilitate the filing
of the pleading.)

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.

The clerk is directed to mail a copy of this order to Plaintiff.