Zuurveen v. L.A. County Dept. of Health Services CA2/4

Filed 11/21/24 Zuurveen v. L.A. County Dept. of Health Services CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

GLORIA ZUURVEEN, B335293

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 22STCV35992) v.

LOS ANGELES COUNTY DEPARTMENT OF HEALTH SERVICES,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kristin S. Escalante, Patricia Nieto, Judges. Affirmed. Gloria Zuurveen in pro. per., for Plaintiff and Appellant. Bonne, Bridges, Mueller, O’Keefe & Nichols, Mitzie L. Dobson, Michael K. Liu for Defendant and Respondent.

INTRODUCTION This is the second time Gloria Zuurveen sued the County of Los Angeles arising out of the County’s treatment of Zuurveen’s husband while he was hospitalized before his death in 2017. Her first lawsuit alleged causes of action for elder abuse and wrongful death. That lawsuit was resolved in favor of the County in 2019. In 2022 Zuurveen filed this lawsuit against the County again seeking redress for its treatment of her husband during his 2017 hospitalization. This time Zuurveen alleged a civil rights violation under 42 U.S.C. section 1983, intentional infliction of emotional distress, and sought declaratory relief. The County demurred on the grounds that Zuurveen’s complaint was barred by the doctrine of claim preclusion. The trial court sustained the demurrer without leave to amend. Zuurveen appeals. There was no error. Zuurveen’s claims in this action are based on the same primary rights as her previous action, and therefore are barred by claim preclusion. In addition, the trial court did not abuse its discretion when it denied Zuurveen leave to amend her complaint. We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND Zuurveen alleges that her husband, Johannes Zuurveen (Johannes1), died on December 8, 2017 while in the care of the County at Harbor UCLA Medical Center. She claims that hospital staff “erroneously identified and referred to [Johannes] as ‘African-American,’” which she said contributed to Johannes “being administered the wrong medications during his admission