Judge: Gary I. Micon, Case: 22CHCV00580, Date: 2024-08-23 Tentative Ruling

Case Number: 22CHCV00580    Hearing Date: August 23, 2024    Dept: F43

Delfina Solis vs. Facey Medical Group, et al.

Trial Date: 11-18-24

SUMMARY JUDGMENT

MOVING PARTY: Defendant Fausto Cordero, M.D.

RESPONDING PARTY: Plaintiff Delfina Solis, as an individual and as successor-in-interest for Mario Quintanilla

RELIEF REQUESTED

Motion for Summary Judgment

RULING: Motion is granted.

SUMMARY OF ACTION

Plaintiff Delfina Solis (Plaintiff) filed this action after the death of decedent Mario Quintanilla. The decedent had cardiovascular issues and his death was related to complications from those issues. Prior to decedent’s death, Defendant Fausto Cordero, M.D., (Defendant) was one of the doctors who treated him.

Plaintiff has alleged a cause of action for wrongful death (medical negligence) against Defendant. Defendant filed this motion for summary judgment on June 4, 2024, arguing that Plaintiff cannot establish the necessary element for her cause of action for wrongful death (medical negligence) because Defendant complied with the applicable standard of care and because his conduct was not a substantial factor in causing any of the alleged damages.

On August 12, 2024, Plaintiff filed a notice of non-opposition to Defendant’s motion for summary judgment. Plaintiff’s notice indicated that she will not file a memorandum in opposition to the motion for summary judgment in exchange for a waiver of costs and waiving any potential claim for malicious prosecution.

ANALYSIS

The purpose of a motion for summary judgment “is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.”  (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 843.)  “Code of Civil Procedure section 437c, subdivision (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 pleadings frame the issues for motions, “since it is those allegations to which the motion must respond. (Citation.)” (Scolinos v. Kolts (1995) 37 Cal. App. 4th 635, 640-641; FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 382-383; Jordan-Lyon Prods., LTD. v. Cineplex Odeon Corp. (1994) 29 Cal.App.4th 1459, 1472.) “On a motion for summary judgment, the initial burden is always on the moving party to make a prima facie showing that there are no triable issues of material fact.” (Scalf v. D.B. Log Homes, Inc. (2005) 128 Cal.App.4th 1510, 1519.) A defendant moving for summary judgment “has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action . . . cannot be established.”  (CCP § 437c(p)(2).) “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 the cause of action or a defense thereto.” (Ibid.)

CCP § 437c(b)(3) requires that a response to the moving party’s separate statement be filed with the opposition. If no separate statement is filed, that may be a sufficient ground, in the court’s discretion, for granting the motion. (See Whitehead v. Habig 163 Cal.App.4th 896, 901.)

Plaintiff’s notice of non-opposition to the motion for summary judgment means that no separate statement was filed to respond to Defendant’s material facts. The lack of separate statement from Plaintiff is sufficient grounds for granting Defendant’s motion for summary judgment.

The Court does not reach the merits of the motion for summary judgment. The granting of this motion has no effect on the remaining Defendant.

CONCLUSION

The motion for summary judgment is granted in its entirety.

Moving party to give notice.