Judge Holly J. Fujie, Case Number: 22STCV08236, Date: 2024-06-05 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

On March 8, 2022, Plaintiffs Jo A. Saint-George and Steven Saint-George (collectively, “Plaintiffs”) initiated this action against Defendant Cedars-Sinai Medical Center (“Defendant”), alleging the following causes of action: (1) medical malpractice; and (2) loss of consortium. As alleged in the complaint, Plaintiff presented herself to Defendant for surgery and related medical procedures on March 12, 2021 through March 28, 2021. (Compl. ¶ 9.) While in the ER or from the ER to post surgery ICU, Plaintiff developed paralysis “of her right face, right arm, entire thigh, lower leg, intracranial mass, with other injuries.” (Ibid.) It is further alleged that Defendant was negligent in “furnish[ing] ancillary surgical treatment and/or post-surgical medical services, assistance and cared so as to avoid permanent injury.” (Id. at ¶ 10.)

On May 17, 2023, Defendant filed the instant motion for summary judgment, on the grounds that there are no triable issues of material fact concerning Plaintiff’s first and second causes of action because they are meritless as a matter of law.

As a preliminary matter, the Court finds that Plaintiffs’ opposition papers are procedurally defective because they do not comply with Code of Civil Procedure § 437c(b)(3) and California Rules of Court, rules 3.1350. In particular, Plaintiffs have failed to enclose a responsive separate statement. In this regard, the Court is unable to overlook this procedural defect because “if it is not set forth in the separate statement, it does not exist.” (San Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 313.) The content and format for the separate statement must adhere to California Rules of Court, rule 3.1350(f) and (h).

Also, Plaintiffs have included hundreds of pages of alleged evidence but have failed to either file them separately or include a table of contents. (Cal. Rules of Court, rule 3.1350(g).) Similarly, Plaintiffs’ objections are not in proper form. (See Cal. Rules of Court, rule 3.1354(b)-(c) [requirement of two separate documents, i.e., evidentiary objections and a proposed order on those objections].) Furthermore, the opposing memorandum appears to be incomplete because sections identified in the table of contents are missing.

Lastly, it is noted that Plaintiffs have included extraneous evidence relating to a fraud claim that has not been alleged. Because Plaintiffs have not moved to amend their complaint, this issue is not properly before the Court. Therefore, a continuance is required in order for these defects to be corrected.

Based on the foregoing, the Court CONTINUES Defendant’s motion for summary judgment or in the alternative for summary adjudication to June 26, 2024. Plaintiffs are ordered to file their corrected opposition papers on or before June 12, 2024. Failure to abide by this order may result in granting the motion. (Code Civ. Proc. § 437c(b)(3).) Defendant is ordered to file an additional reply, if any, on or before June 19, 2024.

Hon. Holly J. Fujie

Judge of the Superior Court