Judge: Richard S. Whitney, Case: 37-2020-00006177-CU-PO-CTL, Date: 2023-10-13 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 11, 2023

10/13/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  PI/PD/WD - Other Summary Judgment / Summary Adjudication (Civil) 37-2020-00006177-CU-PO-CTL KOETT VS CHOI MD [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANT ALI ALAMAR, M.D.'S MOTION FOR SUMMARY JUDGMENT is DENIED.

Defendant ALI ALAMAR, M.D. ('Defendant') challenges the entire action against him from the remaining Plaintiffs Rita Koett and Joshua Koett ('Plaintiffs'). Whether the standard of care was met in this case is a matter that must be resolved by expert testimony because the conduct required by the circumstances of this case is not within the common knowledge of the layman. (Landeros v. Flood (1976) 17 Cal.3d 399, 410.) Defendant's experts, Emmet W. Lee, M.D., FAAHPM and Robert Gillespie, M.D., FACC, FASE, FASNC opine Defendant met the standard of care at all times and did not cause Decedent's injuries. 'When a defendant moves for summary judgment and supports his motion with expert declarations that his conduct fell within the community standard of care, he is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence.' (Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 985 [Citation and quote omitted].) Defendant has shifted the burden to Plaintiffs. Plaintiffs submit the declaration of their expert, Angelos Konstas, M.D., who declares the opinions of Defendant's experts are erroneous and explains his reasoning. (Decl. Konstas, ¶¶ 5-14.) Specifically, Plaintiffs' expert opines: Based on my review of the records as stated above, it is my professional opinion, to a reasonable degree of medical probability, that the blood clot which was found on the imaging studies of October 14, 2018, and subsequently, of October 16, 2018, or a recurrent, similar atrial clot was the cause of Decedent's fatal 2nd stroke,. It is further my professional opinion to a reasonable degree of medical probability, that failure by all Defendants to anticoagulating the patient's active atrial clot was a significant and direct cause and contributory factor in this patient's fatal second (2nd) stroke in February 2019.

(Decl. Konstas, ¶ 13.) Plaintiffs also support their opposition with the declaration of Richard Mansour, M.D. The Court finds Plaintiffs have raises issues of fact. The motion is denied.

Plaintiffs' Objections to Declaration of ROBERT GILLESPIE, M.D., FACC, FASE, FASNC: Objection 1-2: overruled Plaintiffs' Objections to Declaration of EMMET W. LEE, M.D., FAAHPM: Objection 1-4: overruled Defendant's Objections to Evidence: Objection 1-9: overruled Calendar No.: Event ID:  TENTATIVE RULINGS

2996957 CASE NUMBER: CASE TITLE:  KOETT VS CHOI MD [IMAGED]  37-2020-00006177-CU-PO-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

2996957