Judge: Joel R Wohlfeil, Case: 37-2023-00030260-CU-MM-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 29, 2024

05/31/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Medical Malpractice Summary Judgment / Summary Adjudication (Civil) 37-2023-00030260-CU-MM-CTL DAVIS VS BRIDGE HOME HEALTH RIVERSIDE HOLDINGS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 03/13/2024

The Motion (ROA # 39) of Defendant BRIDGE HOME HEALTH RIVERSIDE, LLC ('Defendant') for summary judgment of the Complaint by Plaintiff PETER DAVIS ('Plaintiff'), is GRANTED.

This ruling completely disposes of this action against Defendant, and Defendant is entitled to a judgment in its favor.

The Court exercises its discretion to consider the opposition papers, even though they were served and filed late.

In the context of a cause of action for medical malpractice, when Defendant moves for summary judgment and supports its Motion with an expert declaration that the conduct fell within the community standard of care, it is entitled to summary judgment unless Plaintiff comes forward with conflicting expert evidence. Munro v. Regents of University of California (1989) 215 Cal. App. 3d 977, 985.

The declaration of Lisa Gildred, BSN, RN-BC, CWCA (ROA # 41) includes the unrebutted opinion (¶ 13) that 'the care and treatment provided to Plaintiff by Defendant, and its nursing staff, at all times met the standard of care.' Thus, the undisputed material facts demonstrate that Defendant did not breach the applicable standard of care.

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