Charkhchian

I. INTRODUCTION

Plaintiff Shooshanik Charkhchian (plaintiff) sued defendant Blue Cross of California (defendant) for wrongful death and negligence, alleging defendant negligently failed to provide plaintiff’s daughter (the decedent) with transportation for life- sustaining hemodialysis treatments. The trial court sustained defendant’s demurrer to the wrongful death cause of action and subsequently granted defendant’s summary adjudication motion as to the negligence cause of action. We reverse the court’s ruling sustaining defendant’s demurrer and affirm its ruling granting defendant’s summary adjudication motion.

II. BACKGROUND1

A. Third Amended Complaint

The third amended complaint—the operative pleading— alleged: The decedent had renal disease that required her to receive life-sustaining hemodialysis treatments three times a week. Defendant, as the decedent’s health care service plan, agreed to provide nonemergency transportation to and from the decedent’s hemodialysis treatments.

We deny defendant’s motion to strike parts of plaintiff’s Appellant’s Appendix.

Plaintiff alleged in the first amended complaint that defendant contracted with LogistiCare…