Frutoz v. Valley Children's Hospital

Opinion

7 10 KRYSTAL FRUTOZ, individually and as Case No. 1:25-cv-00016 JLT SAB 11 successors in interest to the Estate of Teresa Hagan, et al., ORDER ADOPTING FINDINGS AND 12 RECOMMENDATIONS AND GRANTING Plaintiffs, IN PART AND DENYING IN PART 13 DEFENDANT VALLEY CHILDREN’S v. HOSPITAL’S MOTION TO DISMISS 14 VALLEY CHILDREN’S HOSPITAL, et al., 15 Defendants. 16 17 Plaintiffs commenced this action on January 3, 2025, against Valley Children’s Hospital, 18 Trisha Beck, M.D., JF Urgent Care, and Janelle A Fong, M.D. (Doc. 1.) In April 2025, Valley 19 Children’s Hospital moved to dismiss this action for failure to state a claim and lack of subject- 20 matter jurisdiction. (Docs. 12, 21.) The Court referred the motion to the assigned magistrate 21 judge for the preparation of findings and recommendations. (Doc. 22.) On June 26, 2025, the 22 magistrate judge issued a findings and recommendations recommending granting in part and 23 denying in part the motion to dismiss. (Doc. 35.) The Court served the findings and 24 recommendations on the parties and notified them that any objections to the findings and 25 recommendations were to be filed within 14 days from the date of service. (Id. at 16.) The parties 26 were also advised that failure to file objections within the specified time may result in the waiver 27 of rights on appeal. (Id. (citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014). No objections were filed. 1 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 2 | case. Having carefully reviewed the matter, the Court concludes the findings and 3 | recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The findings and recommendations (Doc. 35) issued on June 26, 2025, are 5 ADOPTED in full. 6 2. The motion to dismiss as to punitive damages is GRANTED with prejudice. 7 3. The motion to dismiss is otherwise DENIED. 8 Dated: _ July 15, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28