Sheryl Smith v. Fresno Community Hospital and Medical Center
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHERYL SMITH, No. 1:20-cv-01616-DAD-BAM Plaintiff, v. ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS
FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER, et al., (Doc. No. 10) 15 Defendants. 16 This matter is before the court on defendant Fresno Community Hospital and Medical Center (“FCHMC”) dba Clovis Community Medical Center’s (“CCMC”) motion to dismiss plaintiff Sheryl Smith’s complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 10.) Pursuant to General Order No. 617 addressing the public health emergency posed by the COVID-19 pandemic, defendant’s motion was taken under submission on the papers. (Doc. No. 11.) For the reasons explained below, the court will grant defendant’s motion to dismiss with respect to plaintiff’s third cause of action and grant plaintiff leave to amend her complaint. BACKGROUND This action arises from the alleged wrongful…