Vukov v. Glendale Adventist Medical Center CA2/1
Defendants and respondents Dr. Lukas Alexanian (Alexanian) and Glendale Adventist Medical Center (Hospital) (collectively Alexanian/Hospital) demurred to the first amended complaint (FAC) of plaintiffs and appellants, Judith Vukov, M.D. and Judith Vukov, M.D., Inc. (collectively Vukov ). The trial court sustained that demurrer without leave to amend. The trial court reasoned that the FAC added causes of action that were not within the scope of amendment allowed by the trial court when it sustained Alexanian/Hospital’s demurrer to Vukov’s original complaint and found that the FAC was a sham pleading. Because we conclude that the trial court should have overruled the demurrer as to Hospital, we reverse the judgment as to that defendant. Because we hold that a Health and Safety Code section 1278.5 (section 1278.5) claim will not lie against an individual physician, we affirm the judgment as to defendant Alexanian.
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