Hirzallah v. The Regents of the University of Cal. CA4/3

Filed 5/24/21 Hirzallah v. The Regents of the University of Cal. CA4/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

KHALED HIRZALLAH,

Plaintiff and Appellant, G058914

v. (Super. Ct. No. 30-2019-01047434)

THE REGENTS OF THE UNIVERSITY OPINION OF CALIFORNIA et al.,

Defendants and Respondents.

Appeal from a judgment of the Superior Court of Orange County, Theodore R. Howard, Judge. Affirmed. Law Office of Carson Newton, Carson Newton; Law Office of Gene J. Goldsman and Gene J. Goldsman for Plaintiff and Appellant. Cole Pedroza, Kenneth R. Pedroza, Michael A. Carlin; Carroll, Kelly, Trotter, Franzen, McBride & Peabody and Steven J. Wysocky for Defendants and Respondents.

Plaintiff Khaled Hirzallah appeals from a judgment entered against him after the trial court sustained the defendants’ demurrer to the operative complaint with leave to amend and plaintiff failed to file an amended complaint within the time allowed. Plaintiff argues the trial court erred by applying a one-year statute of limitations under Code of Civil Procedure section 340.5 (section 340.5) to his causes of action instead of a longer statute of limitations because plaintiff’s claims do not arise from defendants’ provision of professional services as health care providers. We disagree and affirm. FACTS On August 15, 2017, plaintiff was a patient at the University of California Irvine’s Medical Center. Plaintiff was sent to an exam room, in which he lay down on the exam room table. Dr. Tan Nguyen opened the door of the room, striking plaintiff and injuring him. On January 29, 2019, plaintiff sued the Regents of the University of California and Nguyen (defendants), alleging causes of action for negligence and premises liability. Defendants demurred, arguing plaintiff’s causes of action were barred by section 340.5, which imposes a one-year statute of limitations on causes of action for professional negligence against health care professionals. The court sustained the demurrer with leave to amend. Plaintiff filed a first amended complaint, which added various new defendants (not parties to this appeal), as well as causes of action for negligent construction and breach of implied and express warranties of fitness. Defendants demurred again, raising the same statute of limitations argument, as well as certain other arguments specific to the new causes of action, which do not relate to this appeal. The trial court sustained the demurrer as to all causes of action, again finding section 340.5 barred the negligence and premises liability causes of action, but granted plaintiff a second chance to amend.