Judge: Stephen P. Pfahler, Case: 20STCV43673, Date: 2023-07-11 Tentative Ruling

Case Number: 20STCV43673    Hearing Date: July 11, 2023    Dept: F49

Dept. F-49

Date: 7-11-23

Case #20STCV43673

Trial Date: 9-18-23

SUMMARY JUDGMENT

MOVING PARTY: Defendant, Cucumber Holdings LLC dba Stoney Point Healthcare Center

RESPONDING PARTIES: Plaintiff, Sherie Buckley

RELIEF REQUESTED

Motion for Summary Judgment

SUMMARY OF ACTION

On an unspecified date in January 2019, plaintiff Sherie Buckley presented to third party Kaiser Permanente with a broken shoulder. Plaintiff was referred to third party West Valley Post-Acute skilled nursing facility for physical therapy. Following a treatment period from January 7, 2019 to March 24, 2019, Plaintiff “suffered an adverse reaction to medication,” which led to admission at third party Northridge Hospital for seven days. Following the discharge from Northridge Hospital, Plaintiff was transferred to defendant Stoney Point Healthcare Center (SPHC) for further physical therapy. Defendant, Dr. Gale Stone, was Plaintiff’s supervising physician at SPHC.

Plaintiff alleges that in ordering the rehabilitation services, no “exercise restriction” was charted. Plaintiff was subsequently assigned use of two and three pound weights as well, as “manual resistance” exercises. In August 2019, Plaintiff complained to Dr. Stone about the pain, and was transferred back to Kaiser Permanente for an evaluation. A “non-union healing fracture” was diagnosed, and surgery performed in July 2020. Plaintiff alleges the physical therapy regimen was improperly prescribed and supervised.

On November 16, 2020, Plaintiff filed a complaint for Negligence and Professional Negligence. Stoney Point Healthcare is the only named defendant in the first cause of action, and Dr. Stone, the only named defendant in the second cause of action. The action was transferred from Department 28 to Department 49 on January 14, 2022. Dr. Stone answered the complaint on November 5, 2021. SPHC answered on April 29, 2022. The action was transferred from Department 31 to Department 49 on September 29, 2022.

On January 24, 2023, the court granted the motion for summary judgment in favor of Dr. Stone.

RULING: Granted.

Request for Judicial Notice: Denied.

The court cannot take judicial notice of medical records for the truth of the matter asserted.

Defendant Cucumber Holdings LLC dba Stoney Point Healthcare Center (Stoney Point) moves for summary judgment on the first cause of action for negligence. Stoney Point moves on grounds that the care and treatment provided complied with the standard of care, and no act or omission of Stoney Point caused or contributed to the injuries of Plaintiff. Stoney Point submits an expert declaration from Raymond Vance, M.D., in support. The court electronic filing system shows no opposition at the time of tentative ruling publication cutoff. Stoney Point filed a notice of non-opposition.

“‘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, 984-985.) The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. (Elcome v. Chin (2003) 110 Cal.App.4th 310, 317.) 

The defense expert declaration of Dr. Vance sets forth expert qualifications, indicates review of Plaintiff’s medical records, details the care and treatment of Plaintiff, and concludes that the care and treatment provided by Stoney Point staff complied with the standard of care, and no act or omission by Stoney Point employees caused or contributed to the development of any injuries. The declaration is based on reliance on the requirement that physical therapists follow the care plan instructions of the ordering physician(s). Following the guidelines established by the treating physician(s) and the physical therapists and staffs own observational duties regarding patient progress in no way caused or contributed to the subsequently diagnosed non-union fracture.

Plaintiff submits no opposition or counter expert declaration.  The court finds the unchallenged declaration of Dr. Vance sufficiently meets the moving burden on summary judgment. Without a counter expert declaration, and due to the lack of expert testimony on an area requiring expert evidence, the court finds no triable issues of material fact exist on the issue of the standard of care, and whether the care and treatment provided by Stoney Point caused or contributed to the injuries of Plaintiff. The motion for summary judgment is therefore granted.

Case Management Conference set for January 25, 2023.

Moving Defendant to give notice to all parties.