Zuurveen
Zuurveen v. L.A. County Dept. of Health Services CA2/4
Opinion
Opinion
Siggins, J.
INTRODUCTION
This is the second time Gloria Zuurveen sued the County of Los Angeles arising out of the County’s treatment of Zuurveen’s husband while he was hospitalized before his death in 2017. Her first lawsuit alleged causes of action for elder abuse and wrongful death. That lawsuit was resolved in favor of the County in 2019. In 2022 Zuurveen filed this lawsuit against the County again seeking redress for its treatment of her husband during his 2017 hospitalization. This time Zuurveen alleged a civil rights violation under 42 U.S.C. section 1983, intentional infliction of emotional distress, and sought declaratory relief. The County demurred on the grounds that Zuurveen’s complaint was barred by the doctrine of claim preclusion. The trial court sustained the demurrer without leave to amend. Zuurveen appeals. There was no error. Zuurveen’s claims in this action are based on the same primary rights as her previous action, and therefore are barred by claim preclusion. In addition, the trial court did not abuse its discretion when it denied Zuurveen leave to amend her complaint. We therefore affirm.