Judge: Theodore R. Howard, Case: 21-1177335, Date: 2022-09-29 Tentative Ruling

The Motion for Summary Judgment filed on 3/24/22 by Defendant Hoag Memorial Hospital Presbyterian dba Hoag Hospital Irvine (“Hoag”) as to the First Amended Complaint filed on 4/22/21 by Plaintiffs Robert Fletcher, Jasmine Balangue and Morgan Fletcher (“Plaintiffs”), is GRANTED. 

A defendant moving for summary judgment bears the initial burden to show the plaintiff’s action has no merit.  It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law.  (Code Civ. Proc., § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.)

Here, Hoag met its initial burden through the Declaration of Jeffrey Tabas, M.D, who opined that the care and treatment rendered to decedent by the non-physician staff of Hoag complied with the standard of care at all times, and no act or omission on the part of by the non-physician staff of Hoag caused or contributed to decedent’s death.  The burden thus shifts to Plaintiffs.  Plaintiffs have filed a Notice of Non-Opposition.

Counsel for Defendant to give notice.