CR

C.R. v. Tenet Healthcare Corp.

Good Law
169 Cal. App. 4th 1094·2009 Cal. App. LEXIS 3·87 Cal. Rptr. 3d 424·9 Cal. Daily Op. Serv. 129
Court of Appeal of CaliforniaJanuary 5, 2009B201220California7,871 words

Opinion

Opinion

Turner, J.

I. INTRODUCTION

Plaintiff, C.R., appeals from a judgment entered in favor of defendant, Tenet Healthcare Corporation, after its demurrer was sustained without leave to amend her first amended complaint. Plaintiff alleged she was a patient at Encino-Tarzana Medical Center (the medical center). She was molested by Ramon Eduardo Gaspar, one of defendant’s employees. We reverse the dismissal order. Upon remittitur issuance, the trial court is to rule on defendant’s motion to strike.

II. FIRST AMENDED COMPLAINT

In reviewing an order after a demurrer is sustained without leave to amend, all well-pleaded factual allegations must be assumed as tme. (Naegele v. R.J. Reynolds Tobacco Co. (2002) 28 Cal.4th 856 , 864—865 [ 123 Cal.Rptr.2d 61 , 50 P.3d 769 ]; Kasky v. Nike, Inc. (2002) 27 Cal.4th 939, 946 [ 119 Cal.Rptr.2d 296 , 45 P.3d 243 ].) The first amended complaint is the operative pleading and contains causes of action for sexual harassment in violation of Civil Code section 51.9 (first); negligent hiring (second); negligent retention (third); negligent supervision (fourth); and intentional severe emotional distress infliction (fifth). Defendant, a corporation with its…

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