Montgomery vs. HB Healthcare Associates, LLC

diligence”]; American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 389 [a defendant may be “personally” served by delivering a copy of the summons and complaint authorized to accept service on behalf of that defendant]; see also ROA 157, Attachment 5.b.(5); Declaration of Roy K. Suh ¶¶ 2.1.2, 2.1.4, 2.3.)

Plaintiff shall give notice.

203 Montgomery vs. Before the Court is the Demurrer filed on 3/26/26 HB Healthcare by Defendant HB Healthcare Associates LLC dba Associates, LLC Sea Cliff Healthcare Center (Defendant), as to the First Amended Complaint filed on 2/26/26 by Plaintiff Mary Montgomery, individually and as successor-in-interest to decedent Carol Montgomery (Plaintiff).

The Demurrer is OVERRULED as to the First Cause of Action. Plaintiff has now added sufficient specificity as to the factual basis for the claim. (FAC ¶¶ 8-12.)

The Demurrer is SUSTAINED as to the Fourth Cause of Action, without further leave to amend, as Plaintiff has again failed to plead a factual basis for the constructive fraud claim. No authority supporting any fiduciary duty or confidential relationship in this context has been presented by Plaintiff, and it is not self-evident that such a relationship existed. Nor has Plaintiff adequately alleged facts to show an intent to deceive, or justifiable reliance. Because Plaintiff was previously given leave to amend yet made no meaningful improvements to the claim, Plaintiff appears unable to do so.

The 7/13/26 CMC is continued to 8/10/26 at 8:45am in Dept. C24.

Defendant shall give notice.