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Jane Doe et al vs Cottage Health

Case Number

23CV03679

Case Type

Civil Law & Motion

Hearing Date / Time

Fri, 05/23/2025 - 10:00

Nature of Proceedings

Demurrer

Tentative Ruling

On December 8, 2023, plaintiffs filed their first amended complaint (FAC), the operative complaint, against defendant Cottage Health asserting nine causes of action. On February 5, 2024, defendant filed its demurrer to the FAC, then set for hearing on April 19, 2024. The hearing was subsequently continued to May 24, 2024. On the stipulation of the parties, the hearing was further continued to August 2, 2024, to facilitate settlement. On July 30, 2024, the parties stipulated to stay the case pending mediation. On August 1, 2024, defendant withdrew the demurrer without prejudice to renewing the demurrer at a later time.

On November 18, 2024, the parties filed a joint status report that mediation had not then resolved the action and, on the order of the court, permitted defendant to file a renewed demurrer. The renewed demurrer was filed on December 5, 2024, and was noticed for hearing on March 14, 2025. On March 11, 2025, the parties filed a joint stipulation to continue the hearing on the demurrer, stating that the parties were nearing an agreement in principle and were working on the details of a settlement. The joint stipulation requested continuing the hearing on the renewed demurrer, which the court continued to April 25, 2025, and then to this hearing on May 23.

Nothing has since been filed in this action. Counsel shall appear at the hearing of this matter and provide an update on settlement activity. As necessary, the court will set a further hearing date for the renewed demurrer.

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