AFSHIN, et al. vs KAISER PERMANENTE VENTURES, LLC, et al.

25CV145595: AFSHIN, et al. vs KAISER PERMANENTE VENTURES, LLC, et al. 07/09/2026 Hearing on Demurrer DEFENDANT KAISER FOUNDATION HOSPITALS’ NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS’ COMPLAINT; filed by Kaiser Foundation Hospitals (Defendant) CRS# 393283458876 in Department 520

Tentative Ruling - 07/08/2026 Jamilah A. Jefferson

The Demurrer filed by Kaiser Foundation Hospitals on 04/15/2026 is Sustained without Leave to Amend.

The Demurrer of Defendant Kaiser Foundation Hospitals (“Defendant”) is SUSTAINED WITHOUT LEAVE TO AMEND in its entirety as to the First (Wrongful Death) and Second (Professional Negligence) causes of action.

REQUEST FOR JUDICIAL NOTICE Defendant’s Request for Judicial Notice is granted as to Exhibit A, which consists of a California court records. (Evid. Code, § 452, subd. (d).) However, the Court does not take judicial notice of the truth of any of the facts asserted in the matters noticed. (See Fogel v. Farmers Group, Inc. (2008) 160 Cal.App.4th 1403, 1413 n. 7; Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882.)

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DISCUSSION

As in McCurry v. Singh (2024) 104 Cal.App.5th 1170 cited by Defendant, Defendant’s “refusal to accept the decedent's transfer did not create a physician-patient relationship between [defendant] and decedent. [Defendant] never took charge of decedent's case or was employed to attend to her. He never examined her, furnished her treatment, or advised her or her physicians. There was no relationship and no contract between [defendant] and decedent.” (McCurry v. Singh (2024) 104 Cal.App.5th 1170, 1177.) Although McCurry specifically concerned an individual physician rather than a hospital, Plaintiff offers no authority in opposition except to argue that Defendant owed Plaintiff a duty of care by way of EMTALA and Health & Safety Code 1317.2

For reasons articulated in Defendant’s Reply, neither EMTALA nor Health & Safety Code section 1317.2 appear to apply, and Plaintiffs, thus, do not sufficiently allege that Defendant owed a duty of care to the decedent. Specifically, Plaintiffs have not pled any facts indicating that the decedent was excluded from the hospital as part of a policy to “dump” uninsured patients from it. This case also does not allege an inter-facility transfer between hospitals. 25CV145595: AFSHIN, et al. vs KAISER PERMANENTE VENTURES, LLC, et al. 07/09/2026 Hearing on Demurrer DEFENDANT KAISER FOUNDATION HOSPITALS’ NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS’ COMPLAINT; filed by Kaiser Foundation Hospitals (Defendant) CRS# 393283458876 in Department 520

As these defects are incurable, Defendant’s Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND.

NOTICE: This tentative ruling will automatically become the court’s final order on July 9, 2026 unless, by no later than 4:00 P.M. on July 8, 2026, a party to the action notifies BOTH: 1) the court by emailing Dept520@alameda.courts.ca.gov; AND 2) all opposing counsel or selfrepresented parties (by telephone or email) that the party is contesting this tentative ruling.

The subject line (RE:) of the email must state: “Request for CONTESTED HEARING: [the case name], [number].” When a party emails to contest a tentative ruling, the party must identify the specific holding(s) within the ruling they wish to contest via oral argument.

The court does not provide court reporters for hearings in civil departments. A party who wants a record of the proceedings must engage a private court reporter. (Local Rule 3.95.) Any privately retained court reporter must also participate via video conference. Their email must be provided to the court at the time the Notice of Contest is emailed.

ALL CONTESTED LAW AND MOTION HEARINGS ARE CONDUCTED VIA REMOTE VIDEO unless an in person appearance is required by the court. Invitations to participate in the video proceeding will be sent by the court upon receipt of timely notice of contest. A party may give email notice that they will appear in court in person for the hearing, however all other counsel/parties and the JUDGE MAY APPEAR REMOTELY.