What is the test for a motion that seeks to bar a plaintiff from bringing a claim for damages arising out of a medical malpractice case?

California, United States of America


The following excerpt is from Wallace v. City of Victorville, E053021, Super.Ct.No. CIVVS1003662 (Cal. App. 2011):

claim is not fatal, so long as the complaint is not based on an 'entirely different set of facts.' [Citation.] Only where there has been a 'complete shift in allegations, usually involving an effort to premise civil liability on acts or omissions committed at different times or by different persons than those described in the claim,' have courts generally found the complaint barred. [Citation.] Where the complaint merely elaborates or adds further detail to a claim, but is predicated on the same fundamental actions or failures to act by the defendants, courts have generally found the claim fairly reflects the facts pled in the complaint. [Citation.]" (Stockett v. Association of Cal. Water Agencies Joint Powers Ins. Authority, supra, 34 Cal.4th at p. 447.)

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