Judge: Melvin D. Sandvig, Case: 21STCV35152, Date: 2023-05-05 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 21STCV35152    Hearing Date: May 5, 2023    Dept: F47

Dept. F47

Date: 5/5/23

Case #21STCV35152

SUMMARY JUDGMENT

Amended Motion filed 2/15/23.

MOVING PARTY: Defendant Jason Fisher M.D.

RESPONDING PARTY: Plaintiff Sofia Casanova

NOTICE: ok

RELIEF REQUESTED: An order granting summary judgment in favor of Defendant Jason Fisher M.D. and against Plaintiff Sofia Casanova.

RULING: The motion is granted.

This is an action for medical malpractice brought by Plaintiff Sofia Casanova (Plaintiff) arising out of an alleged failure to diagnose a disease called idiopathic intracranial hypertension (IIH). Plaintiff’s complaint contains one cause of action for medical malpractice pled against Jason Fisher, M.D. (Dr. Fisher), Jeff Sung, M.D. (Dr. Sung), Stephen Jones, M.D., and Ryan McBirney, PA-C.

Between January 23, 2021 and February 1, 2021, Plaintiff presented to emergency departments three times and was seen by each named defendant.  At each visit, she was diagnosed with Bell’s Palsy and vertigo based on her reported symptoms and clinical presentation.  In her complaint, Plaintiff alleges all named defendants negligently failed to diagnose her with IIH, which she was ultimately diagnosed with at UCLA Medical Center on February 4, 2021.

On 2/15/23, Dr. Fisher filed and served the instant amended notice and motion seeking an order granting summary judgment in his favor and against Plaintiff.  On 4/21/23, Plaintiff filed and served a Notice of Non-Opposition to Dr. Fisher’s motion for summary judgment. 

Dr. Fisher has submitted unrefuted expert opinions that he met the standard of care at all times with regard to the care and treatment of Plaintiff and nothing that he did or did not do caused or contributed to Plaintiff’s alleged injuries.  (See George Basketvich, M.D. Decl.; Peter-Brian Andersson, M.D. Decl.).  Based on the unrefuted testimony of Dr. Basketvich and Dr. Andersson, Dr. Fisher is entitled to an order granting summary judgment in his favor and against Plaintiff.  See Landeros (1976) 17 C3d 399, 410; Willard (1981) 121 CA3d 406, 417; Munro (1989) 215 CA3d 977, 983-984.

The Court notes that Dr. Fisher’s counsel has separately filed each exhibit filed in support of the motion.  In the future, each exhibit should not be separately filed.  Rather, they should be filed in one Notice of Lodging or attached to each declaration, if appropriate, and electronically bookmarked.  (See 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil); CRC 3.1110(f)(4).