YELENA NECHAY VS. SAN FRANCISCO ONCOLOGY ASSOCIATES ET AL

Set for Law and Motion/Discovery Calendar on Monday, August 18, 2025, Line 9. DEFENDANT SUTTER BAY HOSPITALS DBA CALIFORNIA PACIFIC MEDICAL CENTER DEMURRER to Amended COMPLAINT.

Defendant Sutter Bay Hospitals' demurrer to the sole cause of action for wrongful death in the first amended complaint filed by plaintiff Yelena Nechay is sustained with twenty days leave to amend. If she can do so in good faith, plaintiff is granted leave to file a second amended complaint alleging ultimate facts: 1) when and how she discovered Sutter's alleged wrongful conduct, 2) identifying an exact or approximate date within one year of her filing this lawsuit that she made her discovery, and 3) that she could not reasonably have made the discovery on an earlier date.

Plaintiff's conclusory allegation that her discovery of the alleged wrongful conduct occurred within the statute of limitations period lacks ultimate facts and does not identify how and when she made that discovery or that she lacked the ability to have made the discovery at an earlier time.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

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