Zulli v. Mora CA2/6

Filed 6/6/13 Zulli v. Mora CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

BRIAN ZULLI, 2d Civil No. B242702 (Super. Ct. No. 56-2011-00402118- Plaintiff and Appellant, CU-MM-SIM) (Ventura County) v.

LAWRENCE MORA,

Defendant and Respondent.

Brian Zulli appeals a judgment of dismissal following an order by the trial court sustaining a demurrer to his second amended complaint without leave to amend. (Code Civ. Proc., § 581, subd. (f)(1).)1 We affirm. FACTS AND PROCEDURAL HISTORY At the end of her life, 81-year-old Sylvia Zulli suffered from heart failure, vascular strokes, and pancreatic cancer with liver and lung metastases.2 During March through May 13, 2010, she was admitted to Los Robles Hospital, Simi Valley Hospital, and Cedars-Sinai Medical Center ("Cedars-Sinai"), and was treated by many physicians,

1 All further statutory references are to the Code of Civil Procedure unless stated otherwise. 2 We shall refer to the parties as "Brian" and "Sylvia," not from disrespect, but to ease the reader's task.

nurses, and other medical professionals. Doctor Lawrence Mora was Sylvia's primary care physician during her hospitalization at Cedars-Sinai. On August 12, 2011, Brian filed a complaint in propria persona against Mora and others regarding Sylvia's allegedly negligent medical treatment. He later filed a first amended complaint, to which Mora demurred. The trial court sustained the demurrer and permitted Brian leave to amend the first amended complaint. On March 16, 2012, Brian filed a 165-page second amended complaint alleging causes of action for elder abuse and neglect, gross negligence, failure to properly diagnose and properly treat, lack of informed consent, intentional infliction of emotional distress, criminal negligence, and wrongful death, among others. He requested compensatory and punitive damages against Mora and 18 named defendants, including Cedars Sinai, Sylvia's medical insurers, and her treating physicians and nurses. Brian's allegations against Mora include Mora's refusal to perform bile-duct surgery on Sylvia, and to provide her with heart medications or a functioning pacemaker, and the unauthorized use of a "Do Not Resuscitate" order. Brian also alleged that Mora ordered and Sylvia received a breathing apparatus that bruised Sylvia's nose and forehead. Brian alleged that Sylvia died on May 13, 2010, when "a nurse instructed by D[r]. Balfe injected Sylvia's [intravenous line] with a substance that caused Sylvia's vitals to immediately drop. . . . Within a minute of the substance being administered to Sylvia Zulli's IV, Sylvia died. No code blue was ever issued. No one came until after Sylvia died." On May 29, 2012, the parties appeared and argued Mora's demurrer. The trial court then sustained the demurrer to the second amended complaint without leave to amend, and later entered a judgment dismissing Zulli's action. In ruling, the court stated: "Plaintiff has failed to set forth a clear causal connection between the acts and or omissions of Defendant Mora and the stroke/death of Sylvia. Further this cause of action is time-barred by [Code of Civil Procedure section] 340.5."