Judge: Craig Griffin, Case: "Shewell v. Memorial Care Saddleback, et. al.", Date: 2022-10-31 Tentative Ruling

The Motion by Defendants Rachael L. Lopez, M.D. and Daniel R. Sternfeld, M.D. for Plaintiffs Elizabeth A. Shewell and Jacob Bragin to File An Undertaking is GRANTED.

Defendants have sufficiently established that Plaintiffs reside outside of California, and a reasonable possibility exists that Defendants will obtain judgment in this action, pursuant to Code Civ. Proc., § 1030. (See Decl. of Dr. Joseph G. Ouzounian, M.D.)  While Plaintiff submits a competing expert declaration in opposition, Defendants only needs to show that there is a reasonable possibility they can prevail at trial, which they have done. (See CCP §1030(b); Baltayan v. Estate of Getemyan (2001) 90 Cal. App. 4th 1427, 1432 [“Respondents were not required to show that there was no possibility that appellant could win at trial, but only that it was reasonably possible that respondents would win.”].)

The Court exercises its discretion and orders plaintiff to post an undertaking of $20,000 no later than 30 days after service of the court’s order.  If the plaintiff fails to file the undertaking within the time allowed, the plaintiffs’ action shall be dismissed as to the defendants in whose favor the order requiring the undertaking was made. (Code Civ. Proc., § 1030(d).)

Defendants Rachael L. Lopez, M.D. and Daniel R. Sternfeld, M.D. are to give notice and to file a Proof of Service reflecting the same.