Novoa

DISCUSSION

Novoa argues that her allegations of fraud against Sespe do not concern and are extrinsic to her medical treatment. She relies upon Bigler-Engler v. Breg, Inc. (2017) 7 Cal.App.5th 276, 321 [fraud and other intentional torts action against physician- shareholder of medical device] and Unruh-Haxton v. Regents of University of California (2008) 162 Cal.App.4th 343, 351 [physicians sold patients’ eggs and pre-embryos for personal financial gain]. A motion for judgment on the pleadings is similar to a general demurrer and attacks those defects disclosed on the face of the pleadings. (Julian Volunteer Fire Co. Assn. v. Julian- Cuyamaca Fire Protection Dist. (2021) 62 Cal.App.5th 583, 598.) We assume the truth of properly alleged facts and then determine whether the complaint states a cause of action. (National Shooting Sports Foundation, Inc. v. State of California (2018) 5 Cal.5th 428, 432; Julian, at p. 598.) We independently review the trial court’s ruling. (Julian, at p. 598.) Section 340.5 establishes a one-year limitations period for any action for injury or death against a health care provider based upon such person’s alleged professional negligence. The

3 one-year…