Motion to Be Relieved as Counsel
(Alhambra Courthouse: Dept. T) August 14, 2026 DEPARTMENT T LAW AND MOTION RULINGS
Motion to Be Relieved as Counsel This matter was dismissed on September 25, 2025. As such, the Motion to Be Relieved as Counsel is moot and is off calendar.
Case Number: 25NNCV08856 Hearing Date: August 14, 2026 Dept: T James R. Viglione, individually and as successor-in-interest for Jeanne M. Viglione vs. Dignity Health - Glendale Memorial Hospital and Health Center, et al.
Demurrer to Plaintiff's First Amended Complaint Moving Party: Defendant Dennis G. Chang, D.O. Responding Party: Plaintiff James R. Viglione, individually and as successor-in-interest for Jeanne M. Viglione Tentative Ruling: Sustain
BACKGROUND
On December 12, 2025, Plaintiff James R. Viglione, individually and as successor-in-interest for Jeanne M. Viglione ("Plaintiff") filed a complaint against Defendants Aakash N. Bodhit, M.D. ("Dr. Bodhit"), Sameer Bajaj, M.D., Dennis G. Chang, D.O. ("Dr. Chang"), Dignity Community Care dba Glendale Memorial Hospital and Health Center [erroneously sued as Dignity Health - Glendale Memorial Hospital and Health Center] and Doe defendants 1 through 100, alleging the following causes of action: (1) wrongful death based on medical malpractice (CCP Sec. 377.60); (2) medical malpractice through a survival action (CCP Sec. 377.20, 377.34); (3) negligent infliction of emotional distress ("NIED"); (4) fraudulent concealment; and (5) intentional misrepresentation/fraud.
On April 10, 2026, the Court sustained Defendant Dignity Community Care dba Glendale Memorial Hospital and Health Center's demurrer to the third, fourth, and fifth causes of action with leave to amend.
On April 30, 20206, Plaintiff filed a first amended complaint ("FAC"), alleging the same causes of action in the original complaint.
Defendant Dennis G. Chang ("Defendant") now demurs to the fourth and fifth causes of action for fraudulent concealment and intentional misrepresentation. Plaintiff opposes, and Defendant replies.
ANALYSIS
I.
Legal Standard
A. Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading (complaint, answer or
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