HEARING ON DEMURRER TO 2nd Amended COMPLAINT

FILED BY DENNIS Y. ZAI M.D.

* TENTATIVE RULING: *

Defendant Dennis Y. Zai, M.D.’s demurrer to the Second Amended Complaint is sustained without leave to amend as to cause of action one and overruled as to cause of action two. As to Plaintiff Richard Stritt it is sustained without leave to amend as to causes of action one, two and three, and overruled as to cause of action four.

Defendant shall file and serve an answer by February 25, 2019.

Defendant demurs to the first cause of action for Intentional Infliction of Emotional Distress and the second cause of action for Negligent Infliction of Emotional Distress as to all plaintiffs and demurs to the entire SAC as to Plaintiff Richard Stritt.

IIED (cause of action one)

The Court previously ruled that the facts alleged in the First Amended Complaint were insufficient to state a claim for IIED. Although Plaintiffs have amended their complaint to add additional facts, the Court finds that t