Case Number: BC504499    Hearing Date: August 19, 2014    Dept: 91

Motion for Summary Judgment by Defendant, Richard Feldman, M.D., filed on 5/29/14, is GRANTED. Defendant has met his burden of showing he is entitled to judgment in his favor based on the undisputed material facts proffered. Cal Code Civ Procedure § 437c(p)(2).

Defendant’s objections to the declarations of Annelle Travis and Arlene Stella are SUSTAINED as they lack foundation. Neither is qualified as an expert to render expert opinions on the standard of care of orthopedic physicians or orthopedic nursing staff or hospitals, or as to what caused Plaintiff’s injury. Travis is not a physician or a nurse. Neither person states facts to support qualifications to read and interpret MRIs. The Travis declaration is defective as it does not comply with Cal Code Civ Procedure § 2015.5, which requires that the declaration be dated. Strict compliance with Section 2015.5 is required. Kulshrestha v. First Union Commercial Corp., 33 Cal. 4th 601, 612 (Cal. 2004).

The Stella declaration lacks foundation and is not signed under the laws of the State of California, in violation of Section 2015.5. Stella has not identified facts establishing her qualifications to render an opinion as to breach of duty of the standard of care or causation relating to orthopedists or orthopedic nurses. She is a nurse for an OBGYN. The expert must demonstrate her special knowledge, skill, experience training or education that makes her qualified. Cal Evid Code § 720

On the merits, the motion is GRANTED since Plaintiff has not proffered competent expert testimony to create a triable issue as to whether Providence breached the standard of care or caused Plaintiff’s injury. Proof of the standard of care and causation must be supported by competent expert testimony. Landeros v. Flood (1976) 17 Cal.3d 399, 410. Powell v. Kleinman , 151 Cal. App. 4th 112, 123 (Cal. App. 5th Dist. 2007). As such, Defendant’s material facts are undisputed. See UF 21, 22, 23, 25 and 26 and evidence cited therein.

The Motion for Summary Judgment by Defendant, Providence Health System-Southern California, filed on 5/29/14, is GRANTED. Defendant has met its burden of showing it is entitled to judgment in its favor based on the undisputed material facts proffered. Cal Code Civ Procedure § 437c(p)(2).

Defendant’s objections to the declarations of Annelle Travis and Arlene Stella are SUSTAINED as they lack foundation. Neither is qualified as an expert to render expert opinions on the standard of care of orthopedic physicians or orthopedic nursing staff or hospitals, or as to what caused Plaintiff’s injury. Travis is not a physician or a nurse. Neither person states facts to support qualifications to read and interpret MRIs. The Travis declaration is defective as it does not comply with Cal Code Civ Procedure § 2015.5, which requires that the declaration be dated. Strict compliance with Section 2015.5 is required. Kulshrestha v. First Union Commercial Corp., 33 Cal. 4th 601, 612 (Cal. 2004).

The Stella declaration lacks foundation and is not signed under the laws of the State of California, in violation of Section 2015.5. Stella has not identified facts establishing her qualifications to render an opinion as to breach of duty of the standard of care or causation relating to orthopedists or orthopedic nurses. She is a nurse for an OBGYN. The expert must demonstrate her special knowledge, skill, experience training or education that makes her qualified. Cal Evid Code § 720

Plaintiff’s objections to the declaration of Dr. Forman (Defendant’s expert) contained within Plaintiff’s separate statement are OVERRULED. Dr. Forman’s opinions are based on records identified at ¶ 1. He states his qualifications at ¶¶ 2-8. He provides a reasoned explanation for his opinions at ¶¶ 9-10 and 28-37.

Plaintiff has not proffered competent expert testimony to create a triable issue as to whether Providence breached the standard of care or caused Plaintiff’s injury. Proof of the standard of care and causation must be supported by competent expert testimony. Landeros v. Flood (1976) 17 Cal.3d 399, 410. Powell v. Kleinman , 151 Cal. App. 4th 112, 123 (Cal. App. 5th Dist. 2007)

The material facts relevant to the issue of breach of the standard of care and causation . See UF 21, 22, 23, 25 and 26 and evidence cited therein.