Morgan
Morgan v. The Regents of the U. of Cal. CA2/5
Opinion
Opinion
Kim, J.
I. INTRODUCTION
Plaintiff Lee Ann Morgan appeals from a judgment denying her petition for writ of error coram nobis, which was entered following an order sustaining a demurrer without leave to amend. We dismiss the appeal as untimely.
II. BACKGROUND
A. Plaintiff’s First Action
On October 12, 2011, plaintiff filed her first amended complaint against defendants the Regents of the University of California, Jeffrey Wang, M.D., Rahoul Basho, M.D., and Joshua Bales, M.D. for medical negligence. Summary judgment was entered in favor of defendants on November 1, 2012. Plaintiff filed a notice of appeal, but voluntarily dismissed it.
B. Plaintiff’s Second Action
On October 28, 2016, plaintiff filed a first amended complaint against defendants for absence of informed consent, battery, negligence per se, breach of fiduciary duty, fraud, product liability, and negligence, concerning the same surgery. Defendants demurred to the complaint on res judicata grounds, which was sustained without leave to amend. The judgment of dismissal was affirmed on appeal. (Morgan v. Wang, et al. (Oct. 11, 2018, B284748) [nonpub. opn.].)
2 C. Prior Petitions for Writ of Error Coram Vobis