Tentative ruling issued by Judge Laura A. Seigle on Mar. 19, 2019 in Los Angeles County, CA - Case no: xxxxx287

[TENTATIVE] ORDER RE: DEFENDANT’S DEMURRER TO THE COMPLAINT; OVERRULED

I. INTRODUCTION

On January 4, 2019, Plaintiff Luel Alemseged Woldeselassie (“Plaintiff”) filed this action against Defendant Beverly Hills Dialysis Partnership dba Beverly Hills Dialysis Center (“Defendant”) for (1) wrongful death for medical professional negligence and (2) negligent infliction of emotional distress relating to the October 7, 2017 dialysis and death of Plaintiff’s mother (“Decedent”). Defendant demurs to the Second Cause of Action for Negligent Infliction of Emotional Distress on grounds it fails to state facts sufficient to constitute a cause of action.

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 prop….....