Judge: Daniel M. Crowley, Case: 19STCV08806, Date: 2023-01-20 Tentative Ruling

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Case Number: 19STCV08806    Hearing Date: January 20, 2023    Dept: 28

Defendant Farzan Alamirad, D.D.S.’s Motion for Summary Judgment

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On March 14, 2019, Plaintiff Ali Reza Dejan (“Plaintiff”) filed this action against Defendants Farzan Alamirad, D.D.S., (“Alamirad”) and Gentle Biodentistry (“GB”) for general negligence.

On November 13, 2019, Alamirad filed an answer. On March 10, 2022, the Court dismissed GB, without prejudice.

On October 28, 2022, Alamirad filed a Motion for Summary Judgment to be heard on January 10, 2023. The Court continued the hearing on the motion to January 20, 2023.

Trial is scheduled for February 9, 2023. 

PARTY’S REQUESTS

Alamirad requests the Court grant summary judgment on the basis that Alamirad’s treatment always complied with the standard of care.

LEGAL STANDARD

The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP § 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence’ and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.”  (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.)  “The function of the pleadings in a motion for summary judgment is to delimit the scope of the issues; the function of the affidavits or declarations is to disclose whether there is any triable issue of fact within the issues delimited by the pleadings.”  (Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 67, citing FPI Development, Inc. v. Nakashima (1991) 231 Cal. App. 3d 367, 381-382.)

As to each claim as framed by the complaint, the defendant moving for summary judgment must satisfy the initial burden of proof by presenting facts to negate an essential element, or to establish a defense. (CCP § 437c(p)(2); Scalf v. D. B. Log Homes, Inc. (2005) 128 Cal.App.4th 1510, 1520) Courts “liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party.”  (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.) 

Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. To establish a triable issue of material fact, the party opposing the motion must produce substantial responsive evidence. (Sangster v. Paetkau (1998) 68 Cal.App.4th 151, 166.)

The elements of a cause of action for medical negligence are: (1) duty of the professional to use such skill, prudence and diligence as other members of the profession commonly possess and exercise; (2) breach of duty; (3) proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional’s negligence. (Simmons v. West Covina Medical Clinic (1989) 212 Cal.App.3d 696, 701-702.) The standard of care that a medical professional is measured by is a matter within the exclusive knowledge of experts; it can only be proven by their testimony, generally. (Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1001.) Causation must be proven within a reasonable medical probability based on competent expert testimony; “a less than 50-50 possibility that defendants’ omission caused the harm does not meet the requisite reasonable medical probability test of proximate cause.” (Bromme v. Pavitt (1 992) 5 Cal.App.4th 1487, 1504.)

DISCUSSION

Plaintiff alleges that Alamirad performed substandard dental care, consisting of a root canal, dental implant and restorative dental treatment.

Standard of Care

Alamirad submitted a declaration from Edmond Hewlett, D,D.S., a dentist licensed to practice in California, with the applicable education and experience to give an expert opinion (Declaration of Edmond Hewlett ¶ 1.) Based upon Plaintiffs’ medical records, Hewlett opined that Alamirad complied with the standard of care at all times. (Hewlett Decl. ¶¶ 2, 13.) Alamirad properly proposed a treatment plan and reviewed the treatment, risks and alternatives with Plaintiff prior to Plaintiff signing a consent form. (Hewlett Decl. ¶ 3.) Alamirad provided treatment based on Plaintiff’s aesthetic desires and condition of his teeth, all with consent of Plaintiff. (Hewlett Decl. ¶¶ 4-5.) Subsequent visits to adjust the crowns are normal following the placement of them, (Hewlett Decl. ¶¶ 5-6.) Plaintiff continued to make requests for different colors, requiring additional procedures in order to keep the colors of Plaintiff’s teeth consistent. (Hewlett Decl. ¶¶ 6-9.) It is within the standard of care to proceed with treatments and changes in coloration so long as Plaintiff gives informed consent; Alamirad always obtained informed consent prior to performing any procedure. (Hewlett Decl. ¶ 11.) Plaintiff chose to abruptly terminate his treatment with Alamirad before treatment was completed, which is no fault of Alamirad. (Hewlett Decl. ¶ 12.) Overall, Alamirad’s actions were always appropriate and within the standard of care; he always obtained informed consent and provided proper treatment based on said consent. (Hewlett Decl. ¶ 13.)

Alamirad has met his burden, which shifts to Plaintiff. As Plaintiff has not filed an opposition, the Court grants summary judgment.

CONCLUSION

Defendant Farzan Alamirad, D.D.S.’s Motion for Summary Judgment is GRANTED.

            Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.