ROSEN v. ST. JOSEPH HOSPITAL OF ORANGE COUNTY
Plaintiff Robin Rosen appeals from two judgments the trial court entered after (1) sustaining defendants Kurt Openshaw, M.D., and Vascular and Interventional Specialists of Orange County's (Vascular Specialists) demurrer and (2) granting defendant St. Joseph Hospital of Orange County's (St. Joseph Hospital) joinder in Openshaw and Vascular Specialists' demurrer. The trial court sustained the demurrer on the ground Rosen's causes of action constituted spoliation of evidence claims barred by the Supreme Court's decisions in Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1 (Cedars-Sinai), and Temple Community Hospital v. Superior Court (1999) 20 Cal.4th 464 (Temple). Rosen asserts the trial court erred in denying her leave to amend to allege Openshaw, Vascular Specialists, and St. Joseph Hospital owed a contractual duty to preserve evidence. We find no error and affirm the judgments.
Comments on ROSEN v. ST. JOSEPH HOSPITAL OF ORANGE COUNTY