Why Emily Willis' legal case and jury trial could be thrown out two years after cardiac arrest

A lawsuit brought by the family of former adult performer Emily Willis is facing a 'motion to strike' as it enters a critical stage.

Willis, whose birth name is Litzy Lara Banuelos, and her family are suing the rehab center where she was staying, and a court hearing in March will decide whether the case can move forward.

The 25-year-old had checked in to the Summit Malibu rehab centre on January 27, 2024, seeking help with a 'ketamine addiction' that she was struggling with.

According to the lawsuit, Willis was described as having ingested 'five to six grams [of ketamine] per day for a year'.

However, on February 3, 2024, she experienced an alleged life-changing medical episode after being 'found unconscious', with it remaining unclear exactly how long she had been in that state.

Emergency services were called; however, Willis wasn't taken to the hospital. Paramedics arrived on the scene and began efforts to resuscitate her.

Emily Willis' family claim in their lawsuit that she has been left 'permanently disabled' (Unique Nicole/Getty Images)

It would take medics and nurses attending to Willis 30 to 40 minutes to successfully restore a heartbeat. The lawsuit claims that she suffered 'irreversible brain damage' due to a lack of oxygen, which has left her 'permanently disabled'.

She also went into cardiac arrest 26 hours later, and went into a 'vegetative coma' and didn't wake up until May, with Willis now residing with her mother in Utah under her care.

Willis' family brought a lawsuit against the center under 'personal Injury and torts - Elder/Dependant Adult Abuse', where they accused the clinic of 'abuse of a dependent adult, professional negligence, negligence and fraudulent business practices', which the centre has denied.

In June last year, a judge ruled that Willis' mom, acting on their behalf, must submit further evidence to support their claims within 30 days.

Now, a demurrer ruling has been set for March 6, during which the legal validity of the claims will be considered, even if they are factually accurate.

Willis' jury trial is scheduled for May (Matt Winkelmeyer/Getty Images)

According to the Trial Lawyer's Journal, a demurrer judgement can be used in a manner similar to a motion to dismiss in federal court, which can rule out any parts of the complaint considered 'irrelevant, vague, or legally improper'.

If the court decides to sustain this judgement, the complaint is considered legally sufficient, at which point the judge may grant the plaintiff 'leave to amend' so they can revise the complaint to fix any issues, or the claims are dismissed with prejudice, ending the case altogether.

If the claims do not survive, then a demurrer judgement can officially dismiss the lawsuit.

Before the trial can proceed, it will enter the final status conference, where a judge confirms that motions have been resolved, discovery is complete, and the witnesses are ready.

The case has a further hearing scheduled for 'final status' on April 24 at the Santa Monica Courthouse.

Finally, a jury trial to hear Willis' case has been scheduled to begin on May 5, according to docket entries associated with the case.

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