Potts v. Kern County Hospital Authority CA5

── Potts v. Kern County Hospital Authority CA5 ── Court: California Court of Appeal Date: April 24, 2026 Category: General Filed 4/24/26 Potts v. Kern County Hospital Authority CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT JASMINE POTTS, F089927 Plaintiff and Appellant, (Super. Ct. No. BCV-24-101925) v. KERN COUNTY HOSPITAL AUTHORITY, OPINION Defendant and Respondent. APPEAL from a judgment of the Superior Court of Kern County. Bernard C. Barmann, Jr., Judge. Jasmine Potts, in pro. per., for Plaintiff and Appellant. Hall Hieatt Connely & Bowen and Jay A. Hieatt, for Defendant and Respondent. -ooOoo- Plaintiff and appellant Jasmine Potts, who was self-represented below and is self- represented on appeal, filed a first amended complaint against Kern County Hospital Authority (KCHA) (erroneously sued as Kern Medical Center and its outpatient clinics), among other defendants. Potts challenges on appeal, a trial court ruling denying her motion to strike KCHA’s general denial to the FAC as well as her related request for entry of default as to KCHA. Potts also challenges a trial court ruling granting KCHA’s motion for judgment on the pleadings. We affirm.  FACTS AND PROCEDURAL HISTORY The Operative Complaint On June 11, 2024, Potts filed a civil complaint in the Kern County Superior Court against multiple defendants. On July 3, 2024, Potts filed a first amended complaint (FAC), which is the operative complaint in this matter. The FAC named as defendants, Kern Medical Center and its outpatient clinics (the correct entity for purposes of suit is KCHA); Kern Allergy Medical Clinic; Laboratory Corporation of America Holdings; and WestPac, Labs, Inc. The FAC alleged that starting in March 2024, Potts and her children sought medical care because “she was sick, as were her children, and [she] suspected it was due to mold in her apartment.” Potts initially obtained medical care for herself and her children at KCHA’s facilities. Eventually, Potts sought and obtained specialist allergy care at a separate entity, Kern Allergy Medical Clinic, for all four of her children, “for suspected mold exposure.” With respect to KCHA, the FAC alleged that, on March 10, 2024, Potts had an initial visit with a nurse practitioner at Kern Medical Center, a KCHA facility. Potts explained she was sick from suspected mold exposure. “Her symptoms were documented, and she was treated with Loratadine and Fluticasone, and an allergy panel was ordered.” The FAC added: “[Potts] completed the allergy panel screening on May 12, 2024. On May 26, 2024, at a follow-up visit, [the nurse practitioner], provided the results. [Potts] indicated that she has consumed walnuts and peanuts daily without any issues throughout her entire life. [The nurse practitioner] advised her to continue consuming them and referred her to the Kern Allergy Specialist for further investigation.” The FAC further alleged: “On March 20, 2024, [Potts’s daughter Po. G.] was seen at Kern Medical Children’s Clinic for a same-day triage appointment for coughing due to mold exposure. [Dr. Aiylam Paramewaran] verbally stated he was treating [Po. G.] for 2. mycotoxins with Zithromax. However, the discharge paperwork incorrect