Case 2:21-cv-05587-MEMF-RAO Document 144 Filed 11/28/22 Page 1 of 11 Page ID #:1118 O 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 Case No.: LA CV 21-05587-MEMF(ASx) 11 CHRISTOPHER WILSON,

12 Plaintiff, ORDER GRANTING IN PART

DEFENDANT’S MOTION TO DISMISS

13 v. [ECF NO. 119] AND REQUEST FOR

JUDICIAL NOTICE [ECF NO. 119-1] AND

14 DENYING PLAINTIFF’S REQUEST FOR 15 ST. FRANCIS MEDICAL CENTER, ET AL., JUDICIAL NOTICE [ECF NO. 130] Defendants. 16 17 18 19 20 21 Before the Court is the Motion to Dismiss and Request for Judicial Notice filed by Defendant 22 St. Francis Medical Center and the Request for Judicial Noticed filed by Plaintiff Christopher 23 Wilson. ECF Nos. 119, 119-1, 130. The Court deems this matter appropriate for resolution without 24 oral argument and vacates the hearing set for December 1, 2022. See C.D. Cal. L.R. 7-15. 25 For the reasons stated herein, the Court GRANTS in part the Motion to Dismiss (ECF No. 26 119); GRANTS St. Francis’s Request for Judicial Notice of Exhibit A (ECF No. 119-1); and 27 DENIES Wilson’s Request for Judicial Notice of Exhibits A and B (ECF No. 130). 28 / / / 1 Case 2:21-cv-05587-MEMF-RAO Document 144 Filed 11/28/22 Page 2 of 11 Page ID #:1119

1 BACKGROUND

2 I. Factual Background1

3 On June 21, 2021, Plaintiff Christopher Wilson (“Wilson”) was hit by a vehicle and

4 transported to St. Francis Medical Center (“St. Francis”) by Johanna Vizcarra. FAC at 1:21–2:4.

5 Wilson arrived at St. Francis at approximately 4:30 p.m. but never received any treatment. Id. at 4:9–

6 11. Wilson was left unattended in the waiting room for five hours, where he eventually fell asleep.

7 Id. at 3:18–4:26. After realizing he had been left unattended, he attempted to lodge a complaint with

8 St. Francis employees. Id. at 9:7–11. Instead of providing him with care, the employees asked

9 Wilson to leave and escorted him out of the building. Id. at 12:4–26.

10 Wilson was later diagnosed with a concussion and brain contusion by doctors at Centenela

11 Hospital. Id. at 13:5–10. As a result of his injuries, Wilson continues to suffer from a speech

12 impediment, severe headaches, dizzy spells, and has difficulty performing daily tasks. Id. at 13:11– 13 15. 14 II. Procedural Background 15 On July 9, 2021, Wilson filed this action against St. Francis. ECF No. 1 (“Complaint” or 16 “Compl.”). On April 22, 2022, Wilson filed a First Amended Complaint against St. Francis, and its 17 employees Rosemary Martinez (“Martinez”), Leilanie Arsua (“Arsua”), Sergio Sarabia (“Sarabia”), 18 and Taniesha Coleman (“Coleman”) (collectively, “Defendants”), alleging causes of action for: (1) 19 violations of the Emergency Medical Treatment and Labor Act (“EMTALA”), 42 U.S.C. § 1395dd; 20 (2) negligence; (3) professional negligence; (4) premises liability; and (5) medical malpractice. See 21 generally FAC. 22 On April 4, 2022, Wilson filed a Motion for Partial Summary Judgment on his EMTALA 23 claims. ECF No. 99. Defendants have not filed any Opposition. On May 18, 2022, St. Francis filed 24 the instant Motion to Dismiss. ECF No. 119 (“Motion” or “Mot.”). The Motion was fully briefed on 25 October 20, 2022. ECF Nos. 129 (“Opposition” or “Opp’n”), 142 (“Reply”). 26 / / / 27

28 1 The facts set forth below are taken from the First Amended Complaint. (“FAC”) ECF No. 111. 2 Case 2:21-cv-05587-MEMF-RAO Document 144 Filed 11/28/22 Page 3 of 11 Page ID #:1120

1 REQUEST FOR JUDICIAL NOTICE

2 I. Applicable Law

3 A court may take judicial notice of facts not subject to reasonable dispute where the facts

4 “(1) [are] generally known within the trial court’s territorial jurisdiction; or (2) can be accurately and

5 readily determined from sources whose accuracy cannot reasonably be questioned.” FED. R. EVID.

6 201(b). Under this standard, courts may take judicial notice of “undisputed matters of public record,”

7 but generally may not take judicial notice of “disputed facts stated in public records.” Lee v. City of

8 Los Angeles, 250 F.3d 668, 690 (9th Cir. 2001), overruled on other grounds by Galbraith v. Cnty. of

9 Santa Clara, 307 F.3d 1119, 1125–26 (9th Cir. 2002).

10 The Court generally may not consider any material beyond the pleadings in ruling on a

11 motion to dismiss, with the exception of “a writing referenced in a complaint but not explicitly

12 incorporated therein if the complaint relies on the document.” Swartz v. KPMG LLP, 476 F.3d 756, 13 763 (9th Cir. 2007). Under the doctrine of incorporation by reference, the Court may consider not 14 only documents attached to the complaint, but also documents whose contents are alleged in the 15 complaint, provided: (1) the complaint “necessarily relies” on the documents or contents thereof; (2) 16 the document’s authenticity is uncontested; (3) and the document’s relevance is uncontested. Coto 17 Settlement v. Eisenberg, 593 F.3d 1031, 1038 (9th Cir.2010). 18 II. St. Francis’s Request for Judicial Notice 19 St. Francis submits—and asks the Court to take judicial notice of—one (1) exhibit in support 20 of its Motion to Dismiss:

21 1. July 22, 2021 Complaint in St. Francis Medical Center v. Christopher Wilson, Case No. 21STCV26957, Superior Court of California County of Los Angeles. 22 ECF No. 119-1. 23 Although a district court generally may not consider any material beyond the pleadings in 24 ruling on a motion to dismiss, the court may take judicial notice of matters in the public record. Lee, 25 250 F.3d at 689–90. The Ninth Circuit has recognized public records, including court documents, as 26 proper subjects for judicial notice. See, e.g., U.S. v. Black, 482 F.3d 1035, 1041 (9th Cir. 2007); U.S. 27 ex rel. Robinson Rancheria Citizens Council v. Borneo, Inc., 971 F.2d 244, 248 (9th Cir. 1992). 28 3 Case 2:21-cv-05587-MEMF-RAO Document 144 Filed 11/28/22 Page 4 of 11 Page ID #:1121

1 Courts generally “may take notice of proceedings in other courts, both within and without the federal

2 judicial system, if those proceedings have a direct relation to matters at issue.” U.S. v. Black, 482

3 F.3d at 1041 (internal quotations omitted).

4 Here, the exhibit submitted by St. Francis falls into the category of judicial records that

5 courts have deemed proper for judicial notice. The Court therefore GRANTS St. Francis’s Request

6 to take judicial notice of Exhibit A.

7 III. Wilson’s Request for Judicial Notice

8 Wilson submits—and asks the Court to take judicial notice of—two (2) exhibits in support of

9 its Motion to Dismiss:

10 1. A medical record for patient, Christopher Wilson 2. A copy of St. Francis Medical Center’s “Patient Rights and Responsibilities,” available at St. 11 Francis’s website.

12 ECF No. 130 (“Wilson’s RJN”). 13 St. Francis objects to Wilson’s requests. As to Exhibit A, St. Francis asserts that Wilson 14 improperly asks this Court to conclude that St. Francis took two hours to call Wilson’s name based 15 upon the medical record. ECF No. 143 at 4. As to Exhibit B, St. Francis asserts that Wilson 16 improperly asks this Court to conclude that St. Francis violated its own records and procedures. Id. 17 However, the Court does not interpret Wilson’s RJN as requests for the Court to draw any 18 conclusions. The Court interprets his RJN as requests for the Court to take judicial notice of Exhibits 19 A and B and proceeds to analyze whether the documents are proper subjects for judicial notice. 20 At the motion to dismiss stage, the Court may not consider any material beyond the pleadings 21 with the exception of “a writing referenced in a complaint but not explicitly incorporated therein if 22 the complaint relies on the document.” Swartz, 476 F.3d at 763. The Court finds the FAC does not 23 reference the medical record in Exhibit A nor St. Francis’s policies on “Patient Rights and 24 Responsibilities” in Exhibit B. Since the FAC does not reference the contents of these exhibits, 25 Wilson has failed to demonstrate that he “necessarily relies” on these Exhibits to support his 26 allegations. Coto, 593 F.3d at 1038. 27 Accordingly, the Court DENIES Wilson’s Request to take judicial notice of Exhibits A and 28 B. 4 Case 2:21-cv-05587-MEMF-RAO Document 144 Filed 11/28/22 Page 5 of 11 Page ID #:1122

1 MOTION TO DISMISS

2 I. Applicable Law

3 Under Federal Rule of Civil Procedure Rule 12(b)(6), a party may file a motion to dismiss

4 for “failure to state a claim upon which relief can be granted.” FED. R. CIV. P. 12(b)(6). The purpose

5 of Rule 12(b)(6) is to “enable defendants to challenge the legal sufficiency of claims asserted in a

6 complaint.” Rutman Wine Co. v. E. & J. Gallo Winery, 829 F.2d 729, 738 (9th Cir. 1987). A district

7 court may properly dismiss a claim under Rule 12(b)(6) if the complaint fails to allege sufficient

8 facts to support a cognizable legal theory. Caltex Plastics, Inc. v. Lockheed Martin Corp., 824 F.3d

9 1156, 1159 (9th Cir. 2016).

10 “To survive a motion to dismiss, a complaint must contain sufficient factual matter . . . to

11 ‘state a claim for relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)

12 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). This standard generally only 13 requires “a short and plain statement of the claim showing that the pleader is entitled to relief.” FED. 14 R. CIV. P. 8(a)(2). The purpose of Rule 8(a)(2) is to “give the defendant fair notice of what the . . . 15 claim is and the grounds upon which it rests.” Twombly, 550 U.S. at 555. “The plausibility standard 16 is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a 17 defendant has acted unlawfully.” Iqbal, 556 U.S. at 678. While a complaint does not need detailed 18 factual allegations, a plaintiff’s obligation to provide the grounds of his entitlement to relief requires 19 more than “threadbare recitals of the elements of a cause of action.” Id. “Determining whether a 20 complaint states a plausible claim for relief is ‘a context-specific task that requires the reviewing 21 court to draw on its judicial experience and common sense.’” Ebner v. Fresh, Inc., 838 F.3d 958, 22 963 (9th Cir. 2016) (quoting Iqbal, 556 U.S. at 679). 23 When evaluating a complaint under Rule 12(b)(6), the court “must accept all well-pleaded 24 material facts as true and draw all reasonable inferences in favor of the plaintiff.” Caltex, 824 F.3d at 25 1159; Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir. 2008) (“We 26 accept factual allegations in the complaint as true and construe the pleadings in the light most 27 favorable to the nonmoving party.”). This tenet, however, is “inapplicable to legal conclusions.” 28 Iqbal, 556 U.S. at 678. 5 Case 2:21-cv-05587-MEMF-RAO Document 144 Filed 11/28/22 Page 6 of 11 Page ID #:1123

1 II. Discussion

2 A. The allegations in the FAC do not contradict Wilson’s original Complaint.

3 St. Francis argues that the Wilson’s allegations in the FAC contradict his allegations in the

4 Complaint (“Compl.”) and in a complaint filed in Los Angeles County Superior Court (“LASC

5 Compl.”). Mot. at 4. St. Francis asserts that in the Complaint and state court complaint, Wilson

6 admitted that he was not denied care. Id. However, St. Francis observes that this admission was

7 deleted from the FAC and an additional allegation that employees forced him out of the hospital on

8 account of racial bias was included. Id. at 5. Wilson disputes these assertions. Opp’n at 19–20.

9 In his Complaint and state court complaint, Wilson alleges that after he attempted to lodge a

10 complaint with St. Francis, “security was called” and he was “escort[ed] [] out of the hospital for

11 complaining about the hospital[’]s level of competence.” Compl. at 2:10–13; see also LASC Compl.

12 at 979:6–102 (“security was called and he told me I had to exit because I’m not in their system”). In 13 the FAC, Wilson similarly alleges that employees “called the security to escort the plaintiff out of 14 the hospital while injured.” FAC at 25:9–10. While the FAC includes the additional allegation that 15 security referenced his “race” when escorting him out, this new fact does not contradict his previous 16 allegations. 17 B. Wilson’s EMTALA claim (first cause of action) is properly pleaded. 18 St. Francis seeks to dismiss Wilson’s EMTALA claims for failure to screen and failure to 19 stabilize on the grounds that Wilson voluntarily left the hospital before St. Francis could administer 20 care. Mot. at 6–9. Wilson argues that he did not receive a proper screening and received different 21 treatment than other patients at the hospital. Opp’n at 21. 22 EMTALA imposes two duties on hospital emergency rooms: (1) a duty to screen a patient for 23 an emergency medical condition, and (2) once an emergency condition is found, a duty to stabilize 24 the patient before transferring or discharging him. See 42 U.S.C. § 1395dd; Jackson v. East Bay 25 26 27 28 2 The LASC Complaint can be found at what has been Bates stamped as page ID # 970–80 in ECF No. 119-1. The Court uses Bates stamped numbers throughout this Order when referring to various exhibits. 6 Case 2:21-cv-05587-MEMF-RAO Document 144 Filed 11/28/22 Page 7 of 11 Page ID #:1124

1 Hospital, 246 F.3d 1248, 1254–55 (9th Cir. 2001). The Court first addresses whether St. Francis has

2 satisfied EMTALA’s screening requirement.

3 i. Wilson has sufficiently alleged a claim for failure to screen under EMTALA.

4 In order to satisfy the statutory screening requirement, a hospital must “provide for an

5 appropriate medical screening examination within the capability of the hospital’s emergency

6 department, including ancillary services routinely available to the emergency department, to

7 determine whether or not an emergency medical condition . . . exists.’” Baker v. Adventist Health,

8 Inc., 260 F.3d 987, 992 (9th Cir. 2001) (citing 42 U.S.C. § 1395dd(a)).

9 Wilson alleges the following facts in support of his failure to screen claim:

10 4:8–15. THE PLAINTIFF ARRIVED AT ST. FRANCIS MEDICAL CENTER

AT APPROXIMATELY 4:20 OR 4:30 AND NEVER RECEIVED ANY

11 TREATMENT. THERE IS NO DOCUMENTATION OF HIS BASIC

MEDICAL INFORMATION WHICH WO ULD INCLUDE HIS HEIGHT,

12 WEIGHT, BLOOD PRESSURE, TEMPERATURE AND PULSE RATE. 13 4:19–20. THE PLAINTIFF FINALLY REGAINED HIS CONSCIOUSNESS AT 9:30 P.M APPROXIMATELY FIVE HOURS LATER. 14 5:18. THE PLAINTIFF WAS NEVER SCREENED OR STABILIZED. 15 7:2–4. PLAINTIFF BELIEVES HE WAS MISTREATED DUE TO HIS RACE. 16 11:5–14. DEFENDANT ARSUA CALLED THE PUBLIC SAFETY 17 OFFICERS, SERGIO SARABIA AND T ANIESHA COLEMAN, WHOM ARE

ALSO DEFENDANTS IN THIS COMPLAIMNT, TO REMOVE THE

18 PLAINTIFF FROM THE PREMISES. DEFENDANT ARSUA MADE A CALL

TO DEFENDANTS SERGIO SARABIA AND TANIESHA COLEMAN THAT

19 THERE WAS A BLACK MALE VERY ANGRY IN THE EMERGENCY

ROOM.

20 12:7–26. DEFENDANT SARABIA FINALLY APPROACHED THE 21 PLAINTIFF AND STATED, “SHE (DEFENDANT ARSUA) STATED YOU

WERE BEING AGGRESSIVE AND NEED TO LEAVE”. DEFENDANT

22 SARABIA BEGAN RAISING HIS VOICE IN AN AUTHORITIVE TONE

TOWARDS THE PLAINTIFF. THAT IS WHEN BOTH PUBLIC SAFETY

23 OFFICER OF ST. FRANCIS MEDICAL CENTER, SERGIO SARABIA AND

TANIESHA COLEMAN, BEGAN TO SURROUND THE PLAINTIFF IN AN

24 ATTEMPT TO FORCEFULLY REMOVE HIM FROM THE HOSPITAL. THE

PLAINTIFF REPEATEDLY ASKED WHY WAS HE BEING REMOVED

25 FROM THE HOSPITAL, WHEN HE HAD NOT BEEN TREATED OR

EXAMINED. DEFENDANTS SARABIA AND COLEMAN CONTINUED TO

26 FOLLOW THE PLAINTIFF UNTIL HE WAS IN THE PARKING GARAGE

WHERE HIS FAMILY AWAITED HIM. THE PLAINTIFF WAS FORCED

27 OUT OF THE HOSPITAL AND COULD NOT OBTAIN THE TREATMENT

HE SOUGHT OUT.

28 7 Case 2:21-cv-05587-MEMF-RAO Document 144 Filed 11/28/22 Page 8 of 11 Page ID #:1125

FAC at 4:8–15, 4:19–20, 5:18, 7:2–4, 11:5–14, 12:7–26. 1 St. Francis argues that it was unable to perform a screening pursuant to EMTALA because 2 Wilson left the hospital on his own accord. Mot. at 7. However, taking the factual allegations of the 3 FAC as true—as this Court must on a motion to dismiss—the Court finds that Wilson has adequately 4 alleged he was forcibly removed from the premises and did not leave voluntarily. See Iqbal, 556 5 U.S. at 663 (“[D]etailed factual allegations are not required, but the Rule does call for sufficient 6 factual matter, accepted as true.”) (internal citation and quotations omitted). Wilson provides 7 detailed factual allegations about how he was left unconscious in the waiting room for five hours 8 without being screened. FAC at 4:19–20, 5:18. When he awoke to find that he had already been 9 called, he attempted to lodge a complaint. Id. At that point, he was escorted out of the building by 10 security without being screened. Id. at 11–12. Based upon these allegations, the Court finds that 11 Wilson has sufficiently alleged a claim for failure to screen. 12 ii. Wilson has sufficiently alleged a claim for failure to stabilize under EMTALA. 13 Wilson additionally alleges that St. Francis failed to satisfy its duty to stabilize his medical 14 condition. FAC at 2. St. Francis argues that this claim should be dismissed on the basis that St. 15 Francis did not have a duty to stabilize since it did not diagnose Wilson with an emergency 16 condition. 17 EMTALA provides in relevant part: 18 If any individual (whether or not eligible for benefits under this subchapter) 19 comes to a hospital and the hospital determines that the individual has an emergency medical condition, the hospital must provide either—(A) within the 20 staff and facilities available at the hospital, for such further medical examination and such treatment as may be required to stabilize the medical condition, or (B) 21 for transfer of the individual to another medical facility in accordance with subsection (c). 22 42 U.S.C. § 1395dd(b)(1). The hospital’s duty to stabilize arises only when it actually detects an 23 emergency medical condition. Jackson, 246 F.3d at 1257. 24 Wilson alleges the following facts in support of his failure to stabilize claim: 25 3:3–7. JOHANNA VIZCARRA INFORMED DEFENDANT ROSEMARY 26 MARTINEZ, WHO IS A NURSE OF ST. FRANCIS MEDICAL CENTER, THAT

CHRISTOPHER WILSON WAS JUST RUN OVER BY A SPEEDING VEHICLE

27 AND WAS INJURED BADLY.

28 8 Case 2:21-cv-05587-MEMF-RAO Document 144 Filed 11/28/22 Page 9 of 11 Page ID #:1126

3:13–17. JOHANNA VIZCARRA DID RELINQUISH CARE OF THE PLAINTIFF 1 TO DEFENDANT MARTINEZ AFTER PUTTING HER ON NOTICE OF HIS

CONDITION AND EMERGENCY NEEDS.

2 6:16–22. DEFENDANT MARTINEZ’S FAILED TO SUMMON THE APPROPIA

TE HELP, AND THAT NEGLIGENCE CAUSED ST. FRANCIS MEDICAL

3 CENTER, TO PROVIDE SUBSERVIANT SERVICE TO THE PLAINTIFF BY

FAILING TO EXAMINE AND STABILIZE HIS CURRENT EMERGENCY

4 MEDICAL CONDITION.

5 7:25–28. ST. FRANCIS MEDICAL CENTER FAILED TO ALERT ANY ONCALL

PHYSICIANS TO THE PLAINTIFF’S EMERGENCY MEDICAL CONDITION.

6 8:5–11. THE PLAINTIFF BEGAN WALKING TO THE NURSES STATION 7 INSIDE OF ST. FRANCIS MEDICAL CENTER’S EMERGENCY DEPARTMENT

AND ADVISED DEFENDANT LEILANIE ARSUA HE HAD NOT BEEN

8 TREATED. PLAINTIFF ALERTED DEFENDANT ARSUA THAT HE’D BEEN

HIT BY A CAR AND WAS IN ALOT OF PAIN.

9 9:28–10:4. PLAINTIFF’S VISIBLE APPEARANCE SHOWS HE WAS 10 INVOLVED IN A TRAUMATIC INCIDENT. HIS FACE WAS BLEEDING FROM

THE IMPACT OF THE CARS WINDSHIELD.

11

FAC 3:3–7, 3:13–17, 6:16–22, 7:25–28, 8:5–11, 9 :28–10:4.

12 St. Francis argues that it was unable to stabilize pursuant to EMTALA because Wilson left 13 prior to being evaluated. Mot. at 8. However, taking the factual allegations of the FAC as true—as 14 this Court must on a motion to dismiss—the Court finds that Wilson has adequately alleged he was 15 forcibly removed from the premises and did not leave voluntarily. See Iqbal, 556 U.S. at 663. 16 Wilson provides detailed factual allegations about how both he and Johanna Vizcarra informed St. 17 Francis staff that “he was run over by a car.” FAC at 3:13–17, 8:5–11. Furthermore, the staff would 18 have been able to see the severity of his condition given his bleeding. Id. at 9:28–10:4. Based upon 19 these allegations, the Court finds that Wilson has properly alleged that he put St. Francis on notice of 20 his emergency condition, thereby triggering St. Francis’s statutory duty to provide “such treatment 21 as may be required to stabilize [his] medical condition.” 42 U.S.C. § 1395dd(b)(1). 22 For these reasons, the Court finds that Wilson has sufficiently alleged a claim for failure to 23 stabilize. As such, the Motion is DENIED. 24 C. Wilson’s premises liability claim against St. Francis (fourth cause of action) is 25 not properly pleaded. 26 Wilson brings a cause of action for premises liability against St. Francis. FAC at 2. St. 27 Francis seeks to dismiss this claim, arguing that Wilson has alleged no facts that a dangerous 28 condition existed on the premises or that St. Francis failed to exercise reasonable care in the 9 Case 2:21-cv-05587-MEMF-RAO Document 144 Filed 11/28/22 Page 10 of 11 Page ID #:1127

1 maintenance of its premises. Mot. at 10. Wilson has not addressed St. Francis’s arguments in his

2 Opposition.

3 Under California law, the elements for premises liability are: “a legal duty of care, breach of

4 that duty, and proximate cause resulting in injury.” Kesner v. Superior Ct., 1 Cal. 5th 1132, 1158

5 (Cal. 2016). While the elements of premises liability and general negligence are the same, a premises

6 liability claim is distinct from a negligence claim as it “is grounded in the possession of the premises

7 and the attendant right to control and manage the premises.” Id. “Broadly speaking, premises

8 liability alleges a defendant property owner allowed a dangerous condition on its property . . . .”

9 Delgado v. American Multi-Cinema, Inc., 72 Cal. App. 4th 1403, 1406 n.1 (Ct. App. 1999).

10 Here, Wilson alleges no facts concerning a dangerous condition on St. Francis’s premises.

11 While Wilson may have viable claims for negligence or professional negligence based upon the

12 conduct of St. Francis’s employees, he has not presented any factual allegations in support of a claim 13 for premises liability. 14 While Wilson has failed to sufficiently plead his claim for premises liability, the Court may 15 consider whether he should be given leave to amend his FAC. The Ninth Circuit has held that 16 “[a]lthough leave to amend should be given freely, a district court may dismiss without leave where 17 a plaintiff’s proposed amendments would fail to cure the pleading deficiencies and amendment 18 would be futile.” Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011). 19 The Court finds that Wilson may cure his FAC by providing more factual details. For these reasons, 20 the Court GRANTS the Motion with leave to amend as it relates to the premises liability claim. 21 22 23 24 25 26 / / / 27 / / / 28 / / / 10 Case 2:21-cv-05587-MEMF-RAO Document 144 Filed 11/28/22 Page 11 of 11 Page ID #:1128

1 CONCLUSION

2 In light of the foregoing reasons, the Court ORDERS as follows:

3 1. The Motion is DENIED as it relates to Wilson’s EMTALA claim for failure to screen;

4 2. The Motion is DENIED as it relates to Wilson’s EMTALA claim for failure to stabilize;

5 3. The Motion is GRANTED with leave to amend as it relates to Wilson’s premises liability

6 claim;

7 4. St. Francis’s Request for Judicial Notice of Exhibit A is GRANTED; and

8 5. Wilson’s Request for Judicial Notice of Exhibits A and B is DENIED.

9

10 IT IS SO ORDERED.

11

12 Dated: November 28, 2022 ___________________________________ 13 MAAME EWUSI-MENSAH FRIMPONG 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11