Branscomb v. RobertKennedyMed.Center
Plaintiff Phillip Branscomb was a patient in a mental health facility when he was stabbed by another patient. Through his conservator, Margaretta Davis, he sued the facility, Robert F. Kennedy Medical Center, and also named as a defendant the Daughters of Charity Health System, which he alleged to be associated with the facility. We refer to both defendants collectively as RFK-MC. The trial court sustained without leave to amend a demurrer filed by RFK-MC to Branscombs first amended complaint, which alleged a claim for abuse of a dependent adult under Welfare and Institutions Code section 15600 et seq. Branscomb then filed a motion for reconsideration accompanied by a proposed second amended complaint which alleged a cause of action for negligence. The trial court denied the motion for reconsideration, and dismissed the action. On appeal, Branscomb contends the court erred by denying him leave to amend to allege a negligence claim as contained in his proposed second amended complaint. Court affirm.
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