Judge: Richard S. Whitney, Case: 37-2021-00032878-CU-MM-CTL, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 02, 2024

05/03/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Medical Malpractice Summary Judgment / Summary Adjudication (Civil) 37-2021-00032878-CU-MM-CTL MARQUEZ VS ALVARADO HOSPITAL LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANT ALVARADO HOSPITAL, LLC'S UNOPPOSED MOTION FOR SUMMARY JUDGMENT is GRANTED.

Failure to file an opposition to the motion indicates Plaintiff Steve D. Marquez's ('Plaintiff') acquiescence that the motion is meritorious. (L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) 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 ALVARADO HOSPITAL, LLC's ('Defendant') expert opines Defendant met the standard of care at all times and did not cause Defendant's injuries.

(See Declaration of Mary Ransbury.) '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 Plaintiff. Plaintiff has failed to raise any triable issue of material fact.

The motion is granted.

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