Cortez
Cortez v. County of Los Angeles
Opinion
lead Opinion
Hall, J.
MEMORANDUM OPINION AND ORDER
This matter came before the Court on December 13, 1982 for hearing on defendants’ motions to dismiss the Complaint for failure to join an indispensable party under Federal Rule of Civil Procedure 19, and to strike portions of the Complaint. After considering the points and authorities submitted by the parties, and the arguments of *428 counsel, it is ORDERED that both motions are denied.
1. Motion to Dismiss For Failure to Join an Indispensable Party
Plaintiffs Jose and Josefina Cortez are citizens of Mexico. Their son, Adrian, was born on September 9, 1981, in Los Angeles, California, at a hospital operated by defendant County of Los Angeles. 1 Adrian suffers from brain damage that has left him totally incapacitated, a condition that may continue for the rest of his life. The plaintiffs allege that Adrian’s disability resulted from the negligence of the defendants and bring this action for recovery of damages under section 376 of the California Code of Civil Procedure. 2 Adrian is not named as a plaintiff in this lawsuit, but has instead brought a separate action in Los Angeles Superior Court based on the same set of circumstances. 3