Estate of Jeremiah Chass et al v. County of Sonoma et al

Filing 35

ORDER GRANTING IN PART AND DENYING IN PART THIRD PARTY DEFENDANT SANTA ROSA MEMORIAL HOSPITAL'S AMENDED MOTION TO DISMISS THIRD PARTY COMPLAINT. To the extent the County seeks indemnity for any damages for which the County may be held liable on (a) plaintiff's Fifth Cause of Action (Negligent Infliction of Emotional Distress); (b) plaintiff's prayer for punitive damages; and/or (c) plaintiff's prayer for damages to which plaintiff is entitled solely by reason of a finding of liability under 42 U.S.C. 1983, the motion is granted and, to such extent, the Third Party Complaint is dismissed. In all other respects the motion is denied. Signed by Judge Maxine M. Chesney on October 10, 2008. (mmclc2, COURT STAFF) (Filed on 10/10/2008)

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1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Third party defendant Santa Rosa Memorial Hospital's ("SRMH") Amended Motion to Dismiss Third Party Complaint, filed September 3, 2008, came on regularly for hearing before the Court on October 10, 2008. Lauren E. Tate appeared on behalf of SRMH. Leo R. Bartolotta appeared on behalf of defendants/third party plaintiffs County of Sonoma, Sheriff Bill Cogbill, Deputy Sheriff John Misita, and Deputy Sheriff Jim Ryan (collectively, "County"). Having read and considered the papers filed in support of and in opposition to the motion and the arguments of counsel, and for the reasons stated on the record at the hearing, the motion is hereby GRANTED in part and DENIED in part, as follows: 1. To the extent the County seeks indemnity for any damages for which the County v. SANTA ROSA MEMORIAL HOSPITAL, Third-Party Defendant. / v. COUNTY OF SONOMA, et al., Defendants and Third-Party Plaintiffs, ESTATE OF JEREMIAH CHASS, et al., Plaintiffs, No. C-08-0111 MMC ORDER GRANTING IN PART AND DENYING IN PART THIRD PARTY DEFENDANT SANTA ROSA MEMORIAL HOSPITAL'S AMENDED MOTION TO DISMISS THIRD PARTY COMPLAINT United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 may be held liable on (a) plaintiff's Fifth Cause of Action (Negligent Infliction of Emotional Distress); (b) plaintiff's prayer for punitive damages; and/or (c) plaintiff's prayer for damages to which plaintiff is entitled solely by reason of a finding of liability under 42 U.S.C. 1983, the motion is GRANTED and, to such extent, the Third Party Complaint is hereby DISMISSED. 2. In all other respects the motion is DENIED. IT IS SO ORDERED. Dated: October 10, 2008 MAXINE M. CHESNEY United States District Judge 2

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