Gretchen L. v. Sup. Ct.

Filed 7/27/06 Gretchen L. v. Sup. Ct. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

Original proceedings; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, David T. McEachen, Judge. Petition granted.

Grobaty & Pitet, Michael J. Grobaty and Christopher L. Pitet for Petitioner.

No appearance for Respondent.

Sinclitico & Burns, Dannis J. Sinclitico, Hugh R. Burns, Dilkash A. Khan and David J. Ozeran for Real Party in Interest Saddleback Memorial Medical Center.

Ritz, Rubin, Zagzebski & Hall, Damon Rubin and Joshua T. Ritz for Real Party in Interest St. Joseph Hospital of Orange.

Romeo Le Poblete, in pro. per., for Real Party in Interest.

* * *

We issue a peremptory writ for the limited purpose of recognizing the parties' stipulation to withdraw a demurrer, as a matter of right, before it has been presented to the trial court for decision.

I

Petitioner Gretchen L. (Patient) was a patient at real party in interest Saddleback Memorial Medical Center in December 2004 when she allegedly was sexually molested by a male nurse (Nurse) while she was recovering from an appendectomy.

The operative pleading is Patient's third amended complaint. The first two causes of action seek to hold Saddleback vicariously liable for Nurse's sexual battery â€