C.R., Plaintiff and Appellant, V. Tenet Healthcare Corporation

OVERVIEW: The complaint alleged that an employee who was a certified nursing assistant sexually molested the patient; that managing agents and supervisors knew that the employee was sexually abusing patients, refused to take any action, and concealed information; and that the healthcare provider intentionally or negligently spoiled evidence, including destroying documents concerning other sexual assaults.

The trial court denied the healthcare provider’s request under Evid. Code, §§ 452, 453, for judicial notice of licenses indicating that another entity owned the facility. The court found no error in the denial of the request for judicial notice because the licenses did not negate the allegations. The court held that the allegation that the healthcare provider, with knowledge of the employee’s misconduct, continued to employ him and destroyed documents was sufficient to state a ratification claim. Services provided by a certified nursing assistant were within the scope of § 51.9, and a corporation could be liable under § 51.9 because it was a person under Civ. Code, § 14. There was no requirement to allege a fiduciary relationship with a defendant in order to state a § 51.9 claim.

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