DEMURRER to Amended COMPLAINT
Matter on the LAW and MOTION / DISCOVERY CALENDAR FOR FRIDAY, JUL-24-2026. LINE 6. 7-DEFENDANTS GLENDA ZARBOCK, STEFAN CHACON, and HANSON BRIDGETT, LLP's DEMURRER to 1ST Amended COMPLAINT.
Defendants Glenda Zarbock et al.'s demurrer to the First Amended Complaint is sustained without leave to amend. The only remaining claims after the order on the special motion to strike are a breach of contract cause of action for denial of a hearing in breach of the contractual right found in the medical staff bylaws, and a declaratory relief action concerning the same issue.
Accepting the facts in the FAC as true, the court concludes that plaintiff Adnan Din M.D. has failed to state a cause of action for breach of contract. On its face, any contract action is time-barred; Din had actual and inquiry knowledge of the alleged breach more than four years before he filed this action. Moreover, "medical staff bylaws adopted pursuant to California Code of Regulations, title 22, section 70703, subdivision (b), do not in and of themselves constitute a contract between a hospital and a physician on its medical staff." (O'Byrne v. Santa Monica-UCLA Medical Center (2001) 94 Cal.App.4th 797, 810.) Because these reasons are sufficient to sustain the demurrer without leave to amend, the court does not pass on the remaining grounds for demurrer offered by Defendants.
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