On Oct. 20, 2012, plaintiff’s decedent Armando Cruz, 23, a disabled man on strict dietary restrictions, was given a roast beef sandwich while a patient at the Santa Clara Valley Medical Center. Cruz was previously diagnosed with a mental disability, as well as significant physical and cognitive impairments. He was also previously diagnosed with an arginase deficiency, a uric cycle disorder that affected the way that Cruz processed proteins. As a result, he required adherence to strict dietary restrictions. As a result, he was a dependent adult living in a disabled care facility in Gilroy. However, on Oct. 15, 2012, Cruz was brought to St. Louise Regional Hospital, in Santa Clara, for abdominal pain, nausea and vomiting. Cruz was then transferred to Santa Clara Valley Medical Center, whose staff knew, or should have known, that Cruz required supervision due to his arginase deficiency and mental disabilities. As a result, he was placed on a protein-restricted diet with a limit of four grams of protein per day. On Oct. 20, 2012, Cruz was served a roast beef sandwich containing 21 grams of protein will still a patient at Santa Clara Valley Medical Center. Cruz’s condition worsened and he was subsequently transferred to the Intensive Care Unit. He ultimately suffered multi-organ failure and died. The cause of death was determined to be the consumption of the high-protein sandwich, which Cruz was fed at the hospital. The decedent’s mother, plaintiff Josefina Rodriguez, sued Santa Clara Valley Medical Center and the operator of the hospital, the county of Santa Clara. Rodriguez asserted a cause of action for medical malpractice resulting in her son’s wrongful death. Pedro Contreras was only added to the action as a nominal defendant. Plaintiff’s counsel contended that the county and medical center properly failed to monitor Cruz and negligently allowed him to have the high-protein sandwich, which was in violation of his dietary restriction. Defense counsel filed a demurrer, asserting that Rodriguez did not present a timely claim in compliance with the Government Claims Act and that Rodriguez did not obtain relief from the court to file a late claim. However, Rodriguez claimed that the late filing of the claim was due to delayed discovery. Specifically, she claimed that the medical staff at Santa Clara Valley Medical Center explained to the family that Cruz’s cause of death was due to multi-organ failure, but that she was told that an autopsy would be performed to determine Cruz’s exact cause of death and that nothing would be known until it was completed. She further claimed that the autopsy was not completed until nearly one year after Cruz’s death, on Aug. 26, 2013, and that the autopsy determined the cause of death to be from the consumption of the protein-rich sandwich. Thus, the court overruled the county’s demurrer due to the delayed discovery, and the matter proceeded to mediation., Cruz suffered a protein overdose, resulting in multiple organ failure. He subsequently passed away on Oct. 20, 2012. He was 23. Cruz was survived by his mother, Rodriguez. Thus, Rodriguez claimed that she incurred funeral and burial expenses, and was deprived of her son’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.