Regan

FACTS

On the morning of August 13, 2010, Regan went to Osteon’s medical facility in Encino for knee surgery. The surgery was performed under general anesthesia. Regan was released from Osteon’s facility early in the afternoon, and went straight home. At about 3:30 p.m., Regan went to lay down on her bed. “At that time, she noticed liquid discharging from her vagina, which was semen.” Regan realized then that she had been sexually assaulted while she was unconscious.1 On August 7, 2012, Regan (represented by counsel) filed a complaint against Osteon alleging a cause of action for general negligence and for premises liability. Regan’s complaint alleged the facts stated above. Further, the complaint alleged that Osteon breached a duty of care to screen, hire, train and supervise its employees. On June 28, 2013, Regan (still represented by counsel) filed her operative first amended complaint. The substantive allegations in Regan’s first amended complaint largely mirrored her original complaint. In Paragraph 9 of her first amended complaint, Regan expressly alleged that the person who had sexually assaulted her was an Osteon employee.

1 As we always do in reviewing a demurrer, we…