Judge: Margaret L. Oldendorf, Case: 21STCV30687, Date: 2023-09-19 Tentative Ruling


Case Number: 21STCV30687    Hearing Date: November 3, 2023    Dept: P

 

 

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

NORTHEAST DISTRICT

 

 

Qingfen Wang, an individual,

   

                                        Plaintiff,

vs.

 

THOMAS TAYLOR, an individual; PASADENA ADVANCED SURGERY INSTITUTE, A PROFESSIONAL MEDICAL CORPORATION, and DOES 1 TO 10,

                                            Defendants.

 

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Case No.:  21STCV30687

 

[TENTATIVE] ORDER GRANTING SUMMARY JUDGMENT PURSUANT TO JOINDER

 

Date: November 3, 2023

Time:  8:30 a.m.

Dept.:  P

 

          I.        INTRODUCTION

This is a medical malpractice action. Plaintiff Qingfen Wang (Wang) underwent surgery at Defendant Pasadena Advanced Surgical Institute (PASI) on October 12, 2020. The surgery, an abdominoplasty, was performed by Defendant Thomas Taylor, M.D. (Taylor). Wang woke up after surgery with a bandage around her right leg, covering a burn. Taylor informed Wang that during surgery something had gone wrong with a “Bovie pad,” and that this had caused her leg injury.  

PASI’s motion for summary judgment was filed August 3, 2023. The motion for summary judgment was heard and granted October 19, 2023. Taylor’s motion for joinder to PASI’s motion for summary judgment was filed August 17, 2023. The motion for joinder is unopposed. Taylor filed a notice of non-opposition to the joinder on October 27, 2023.

For the reasons that follow, the joinder to the motion for summary judgment is GRANTED.                   

 

II. MOTION FOR JOINDER TO SUMMARY JUDGMENT

          A party may join a motion for summary judgment by filing a separate statement that identifies the evidence demonstrating that the joining party is entitled to summary judgment.  (Frazee v. Seely (2002) 95 Cal.App.4th 627, 636.)  In addition, the party must provide the notice required in CCP section 437(c) when they file the joinder.  (Id., at 636-37.)  In Frazee, the Court of Appeal found that the trial court had incorrectly granted summary judgment on a joinder, because the joinder did not include a separate statement and because the joinder was untimely.  

          Here, Defendant Taylor has included a separate statement with his joinder. The proof of service attached to the notice of joinder demonstrates that Taylor timely served the notice of joinder on August 17, 2023. As such, Defendant Taylor’s joinder is proper.

          PASI’s motion for summary judgment was granted with respect to the medical malpractice cause of action alleged against it. The motion was granted October 19, 2023. Plaintiff Wang asserts one cause of action for medical malpractice against Defendant Taylor. (First Amended Complaint, p.4: 13-16.) As the cause of action for medical malpractice asserted against Taylor arose out of identical underlying facts and conduct as the medical malpractice cause of action asserted against PASI, joinder is appropriate. (Homestead Sav. v. Sup. Ct. (1986) 179 Cal.App.3d 494, 498, see also Calvert Fire Ins. Co. v. Cropper (1983) 141 Cal.App.3d 901, 905 [“to require a co-party, whose interest is identical, to engage in a formal ritual simply duplicating the original party’s… would serve no legitimate discovery purpose.” (allowing for joinder to conserve judicial resources as to discovery)].)  

 

III.     CONCLUSION AND ORDER

          Taylor’s joinder to the motion for summary judgment is GRANTED.

          Taylor is ordered to give notice of ruling.

 

 

         

Dated:                                                              _______________________________

                                                                              MARGARET L. OLDENDORF

                                                                       JUDGE OF THE SUPERIOR COURT