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.
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The loss of such a loving beautiful boy is sad.
Rudy scarpine was with chance and seen him lifeless having a seizure and went into the house and left him alone to die instead of going to get help
To see a father trying to continually profit on the loss of his son shows greed.
Wanting to blame others instead of themselves for not being there watching him like they should have is wrong
Choc hospital has been the most caring and supportive physicians during my childs illness.
About one third of the seizures are intractable, meaning failed with multiple failures of medications, and it’s hard to control. While there are other available therapies for more effective treatment such as Ketogenic diet, other type of diet therapies, acupuncture, etc.: these doctors, particularly at CHOC under Dr. Zupunc is very strong advocate of putting medications and their approach is overly aggressive.
Number of times, this doctor enlisted Child Protective Services (CPS, or SSA) to force medications to the children against the parents wish, and their children’s condition got far worse. This is very sad story that this child fell as a victim of this evil practice. And I pray that one day this evil doctor won’t be able to practice her medicine by revoking her license. The truth will shine itself, it just a matter of when. May God have a mercy on her soul and give Dr. Zupunc a chance to repent of her sin. Her favorite medication Depakote is a brand that paid 1.5 billion dollars fine in s lawsuit for their illegal marketing practices to the doctors and hospitals. Dr. Mower, Dr. Tourney, Dr. Taravan, they are all puppets under her reign. I hope that CHOC needs to wake up and do a serious investigation in the entire CHOC neurology department, if they are to restore their good name, and fire Dr. Zupunc and the staff that she brought on the board at CHOC. The fabrication of medical records, withholding informations are common practices of this neurology team at CHOC. If your children suffers from seizures, I recommend not to go near to CHOC, until Dr. Zupunc and her team is removed from CHOC.
CHOC paralyzed my son in brain surgery after days of misdiagnosis. Stay away from this place. Administrators will take your children and kill them.
chance was my best friend