Re: Cheri Myers v. Northwest Surgical Development Co., Inc.
Superior Court No. 17CECG00510
Hearing Date: March 21, 2018 (Dept. 402)
Motion: Defendant David Harvey, CRNA’s Motion for Summary Judgment
or Adjudication
Tentative Ruling:
To deny.

To decline to rule on all objections. (Code Civ. Proc., § 437c, subd. (q).)

Explanation:

When a defendant in a medical malpractice action moves for summary judgment and supports the motion with expert declarations that defendant’s conduct fell within the community standard of care, the defendant is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence. (Hanson v. Grode (1999) 76 Cal.App.4th 601, 607; Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 984-985; see Code Civ. Proc. § 437c, subd. (c).)

Here, the declaration of Doctor Evan Krantz, M.D. creates a triable issue of fact as to standard of care and causation. (Krantz Dec., filed: 3/7/18.)

Pursuant to California Rules of Court, rule 3.1312 and Code of Civil Procedure section 1019.5(a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling
Issued By: JYH on 03/19/18
(Judge’s initials) (Date)