WEAVER v. VITAS INNOVATIVE HOSPICE CARE
CASE NO.: BC578841
HEARING: 02/02/17

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TENTATIVE ORDER

Defendant VITAS INNOVATIVE HOSPICE CARE’s demurrer to Plaintiff’s second amended complaint is SUSTAINED without leave to amend. C.C.P. § 430.30(e).

Defendant VITAS INNOVATIVE HOSPICE CARE’s motion to strike portions of Plaintiff’s second amended complaint is MOOT in part, DENIED in part, and GRANTED with 10 days leave to amend in part. CCP §§ 3291 and 1021.

Moving Party to give Notice.

This action was filed in April 2015. Plaintiff is the daughter of Decedent Dorothy Weaver. Plaintiff alleges the following facts: In 2014, Decedent was Defendant’s patient. In October 2014, Decedent was to be transferred form Kaiser Hospital to her home, accompanied by one of Defendant’s nurses. At the time of Decedent’s arrival to her home from Kaiser, Defendant’s nurse was nowhere to be found and Decedent’s oxygen tank had run dangerously low. Decedent was forced to go without Defendant’s nurse’s c