Case Number: NC061916 Hearing Date: September 17, 2019 Dept: S27

On July 23, 2018, plaintiff Wendy Iverson (“plaintiff”) filed this instant action against defendants Santa Fe Convalescent Hospital, Long Beach Memorial Medical Center, Community Hospital Long Beach, Nayyer Ali, M.D. and Visal NGA, D.O. On November 21, 2018, plaintiff filed a First Amended Complaint. On May 20, 2019, plaintiff filed a Second Amended Complaint to assert two causes of action: 1) Dependent Adult Abuse/Neglect and 2) Negligence. On June 20, 2019, defendant Visal NGA, D.O., filed an answer to plaintiff’s Complaint.

The defendant filed a motion for summary judgment to argue that the Plaintiff’s Complaint is barred by the affirmative defense of the statute of limitations and that the Plaintiff cannot establish that his treatment was below the standard of care or that it caused the Plaintiff’s claimed injuries.

Under CCP section 340.5, the plaintiff had one year from the discovery of her injuries to commence an action. The Defendant provides evidence from the Plaintiff’s deposition in which she admits that she was not comfortable going home when she was discharged from the medical center and that she wanted to be seen by another physician on May 13, 2017. It is reasonable to draw an inference from this evidence that the plaintiff had a suspicion of wrongdoing because she wanted to see another doctor. This evidence shows that the plaintiff had until May 13, 2018 to commence an action.

The Plaintiff sent a notice of intent to sue on May 14, 2018 and then filed her complaint on July 23, 2018. Since the plaintiff did not commence her action within one year, the defendant’s evidence shows that the affirmative defense of the statute of limitations bars the plaintiff’s complaint.

In addition, the defendant provides expert opinions in the declaration of Robert Wang, M.D., Ph.D., that the defendant’s treatment was within the standard of care and that no act or omission by the defendant caused the plaintiff’s injuries. This evidence shows that the plaintiff cannot establish that the essential elements of breach of duty or causation.

Under CCP section 437c, the defendant’s evidence meets his burden because it shows that an affirmative defense bars the plaintiff’s claim and that the plaintiff cannot establish an essential element. This shifts the burden to the plaintiff to provide evidence that creates a dispute of fact.

The plaintiff does not meet this burden. Instead, on September 6, 2019, the plaintiff filed a notice of non-opposition to the defendant’s motion for summary judgment. Accordingly, the undisputed facts show that the plaintiff’s complaint has no merit.

Based on the foregoing, the defendant’s motion for summary judgment is GRANTED.