YUN PENG VS. DIGNITY HEALTH

Set for Law and Motion/Discovery Calendar on Wednesday, August 27, 2025, Line 10. 1 - PLAINTIFF YUN PENG's MOTION FOR LEAVE TO Amend Complaint.

Plaintiff's motion for leave to file a First Amended Complaint is denied without prejudice. Plaintiff's motion did not comply with CRC 3.1324. The precise amendments were unclear (CRC 3.1324(a)) and the supporting declaration did not comply with CRC 3.1324(b). The motion is denied without prejudice on these grounds.

The motion is denied without prejudice on the independent grounds that the proposed amendments Plaintiff discussed would be futile. The proposed First Amended Complaint contains several pleading defects and defendant correctly notes that the court can deny futile amendments.

Negligent infliction of emotional distress is not a stand-alone cause of action. (Burgess v. Superior Court (1992) 2 Cal.4th 1064, 1072.) NIED is not an independent tort, but rather a standard negligence claim alleging, among other things, emotional distress. (Potter v. Firestone Tire & Rubber Co. (1993) 6 Cal.4th 965, 985; Huggins v. Longs Drug Stores California, Inc. (1993) 6 Cal.4th 124, 129.) The traditional negligence elements of duty, breach of duty, causation, and damages apply. (Ess v. Eskaton Properties, Inc. (2002) 97 Cal.App.4th 120, 126.) "Unjust enrichment" is not a recognized cause of action but should be alleged as a claim for restitution. (Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1370.)

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.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |