Estate of Vincent Frank Boscaino, Jr. v. Adventist Health Hanford

I. INTRODUCTION

25 Plaintiffs’ amended complaint, filed in part under 42 U.S.C. § 1983, brings Federal and 26 California state law claims, primarily alleging that various Defendants failed to provide 27 adequate medical care to Decedent Vincent Frank Boscaino, Jr., which ultimately led to his 28 death. (ECF No. 8). Various Defendants (specified below) now move to dismiss Plaintiffs’ claims or to strike references in the amended complaint to punitive damages. (ECF Nos. 15, 25, 26, 42). The presiding District Judge has referred all the relevant pending motions to the undersigned. (ECF Nos. 17, 28, 43). For the reasons given below, the Court will recommend that (1) the KWPH Defendants’ motion to dismiss be denied (ECF No. 25); (2) the KWPH Defendants’ motion to strike be denied (ECF No. 26); (3) Dr. Monterroso’s motion to dismiss (as converted from a motion to strike) be denied (ECF No. 15); (4) Adventist Health Hanford’s motion to dismiss (as converted from a motion to strike) be granted (ECF No. 42); and (5) Dr. Monterroso’s and Adventist Health Hanford’s accompanying requests for judicial notice be denied as unnecessary (ECF Nos. 15-1;…