King

King v. Comppartners, Inc.

Good Law

196 Cal. Rptr. 3d 696·2016 Cal. App. LEXIS 2·243 Cal. App. 4th 685·81 Cal. Comp. Cases 10

Court of Appeal of CaliforniaJanuary 5, 2016E063527California4,909 words

Opinion

Lead Opinion

Miller, J.

*687 Kirk King (Kirk) 1 sued CompPartners, Inc. (CompPartners) and Naresh Sharma, M.D. (Sharma), for (1) professional negligence; (2) negligence;

*688 (3) intentional infliction of emotional distress; and (4) negligent infliction of emotional distress. Kirk's wife, Sara King (Sara), sued CompPartners and Sharma (collectively, "defendants") for loss of consortium. Kirk and Sara (collectively, "the Kings") sought general, special, exemplary, and punitive damages. 2 The trial court sustained defendants' demurrer without leave to amend.

The Kings raise three issues on appeal. First, the Kings contend their claims are not preempted by the Workers' Compensation Act (WCA). Second, the Kings assert defendants owed them a duty of care. Third, the Kings contend the trial court erred by denying them leave to amend. We affirm the sustaining of the demurrer but reverse the denial of leave to amend.

FACTUAL AND PROCEDURAL HISTORY

A. COMPLAINT

The facts in this section are taken from the allegations in the Kings' complaint. On February 15, 2008, Kirk sustained a back injury while at work. In July 2011, Kirk suffered anxiety and depression due to chronic back pain resulting from the back…

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