Judge: Robert P. Dahlquist, Case: 37-2022-00012268-CU-MM-NC, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - January 18, 2024

01/19/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Medical Malpractice Summary Judgment / Summary Adjudication (Civil) 37-2022-00012268-CU-MM-NC PAYAN VS LANGENBERG DO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 10/23/2023

Defendants Pacific Coast Surgical Group and Bret J. Langenberg, D.O.'s motion for summary judgment (ROA # 95) is granted.

On April 4, 2022, plaintiff Maricela Bueno Payan filed a complaint asserting claims for medical negligence and failure to inform. Complaint (ROA # 1). Plaintiff alleges that Dr. Langenberg negligently, carelessly, and wantonly diagnosed, performed surgery, treated, examined, monitored, tested, and/or referred Plaintiff Mariclea Bueno Payan so as to cause her physical injuries, including but not limited to permanent reflux disorder and difficulty eating, swallowing, and sleeping, impairment and disability, and resulting in the need for a re-do fundoplication surgery.' Id. at ¶ 7.

Defendants Pacific Coast Surgical Group and Bret J. Langenberg move for summary judgment as to the medical negligence and failure to inform causes of action.

A successful claim for medical/professional negligence requires the plaintiff prove: (1) the defendant had a duty of care owed to the plaintiff to use skill, prudence and diligence as other members of profession commonly possess and exercise; (2) breach; (3) causation; and (4) damages. Burgess v. Superior Court (1992) 2 Cal. 4th 1064, 1077. Failure of informed consent, absent medical battery, is subsumed by the medical negligence cause of action. Cobbs v. Grant (1972) 8 Cal.3d 229, 240-41 [when 'an undisclosed inherent complication with a low probability occurs ... the action should be pleaded in negligence'] and 243 ['a doctor has a duty to disclose all information relevant to a patient's meaningful decisional process, including 'the available choices with respect to proposed therapy and of the dangers inherently and potentially involved in each' and a breach of that duty is medical negligence].

Defendants Pacific Coast Surgical Group and Bret J. Langenberg, D.O. have presented admissible evidence indicating that they complied with the applicable standard of care in the care and treatment of plaintiff. They have retained Sunil Bhoyrul, M.D. as an expert. NOL, Exhibit C. Dr. Bhoyrul opines that the Pacific Coast Surgical Group and Dr. Langenberg complied with the standard of care at all times.

NOL (ROA # 97), Exhibit C (Bhoyrul Decl.) ¶¶ 28-29 and 34.

In light of the evidence presented by the moving parties, the burden shifts to plaintiff to show the existence of a triable issue of material fact.

Plaintiff has not opposed the motion. She has failed to meet her burden of showing the existence of a triable issue of fact. The motion for summary judgment is granted.

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3039869 CASE NUMBER: CASE TITLE:  PAYAN VS LANGENBERG DO [IMAGED]  37-2022-00012268-CU-MM-NC The court invites the moving parties to submit a proposed judgment.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, January 19, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of January 19, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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