30-13-642051
UNOPPOSED Motion for Summary Judgment

The court GRANTS the unopposed motion of Defendants Dr. Mary Zupanc M.D. and CHOC Children’s Hospital for summary judgment as to the Third Amended Complaint filed by Plaintiffs on 2/4/14. (CCP 437c.)

Defendants Dr. Zupanc and CHOC Children’s Hospital make a prima facie showing, supported by expert declarations, that they and other CHOC pediatric neurologists were not professionally negligent, that the care they provided did not fall below the standard of case and did not cause Chance’s death. (See generally Separate Statement issues 1-3 and Dr. Sullivan Declaration.)

Accordingly the burden shifts to Plaintiffs. However, Plaintiffs have failed to file any Opposition so they fail to carry their burden to show that triable issues of material fact exist.

3 UNOPPOSED Discovery Motions

The court GRANTS the motion of Defendant Pediatric Subspecialty Faculty to compel Plaintiff Tony Scarpine to serve initial verified responses to Defendant’s first set of form and special interrogatories and first set of requests for production of documents, all mail-served on 2/11/14. (CCP 2030.290; 2031.300.)

Plaintiff shall personally serve Defendant with initial verified responses, without objection, within 14 calendar days after the service of notice of the ruling.

The court GRANTS the motion of Defendant Pediatric Subspecialty Faculty to deem admitted the genuineness of any documents and the truth of any matters asserted in Defendant’s first set of requests for admissions mail-served on 2/11/14. (CCP 2033.280 (b).) There is no evidence before the court that the Plaintiff has subsequently served a timely response or that Plaintiff’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. (CCP 2033.280 (a).)

The court GRANTS the Defendant’s request for an award of monetary sanctions. Plaintiff Tony Scarpine shall pay $2,160 to Defendant Pediatric Subspecialty Faculty, through Defendant’s counsel of record. (CCP 2033.280 (c); CCP 2023.010; 2030.290 (c); 2031.300 (c).)

The motion to compel is moot as to Defendant Dr. Zupanc.

Plaintiff has filed no Opposition.