On August 03, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Musharbash, Joseph,
and
American Medical Response,
American Medical Response, Inc.,
Cutler, M.D, Aaron,
Does 2-100, Inclusive,
Does 3 -100, Inclusive,
Gibani, M.D, Siraj,
Hide-A-While,
Hide-A-While Lounge,
Musharbash, Susan,
Rancho Cucamonga Fire Protection District,
San Antonio Regional Hospital,
Young, M.D, Richard,
City Of Rancho Cucamonga,
County Of San Bernardino,
for Medical Malpractice Unlimited
in the District Court of San Bernardino County.
Preview
ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
KELLY, TROTTER & FRANZEN 11/14/2023 1:47 PM
MICHAEL J. TROTTER (SBN 139034) _ I
JO LYNN VALOFF (SBN 177081) By: Gloria Portillo, DEPUTY
111 West Ocean Boulevard, 14th Floor
Post OfficeBox 22636
Long Beach, California 90801—5636
Telephone N0. (562) 432-5855 / Facsimile N0. (562) 432-8785
mitrotter@kellvtrotter.com / ilvaloff@kellvtr0tter.com
Attorneys for Defendants, Siraj Gibani, M.D., Aaron Cutler, M.D. and Richard Young, M.D.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
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11 JOSEPH MUSHARBASH, an individual and as CASE NO.: CIVSB22171 17
Successor-in-Interest t0 the Estate of MICHAEL
12 MUSHARBASH, MOTION FOR SUMMARY JUDGMENT
AND ALTERNATIVE MOTION FOR
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Plaintiffs, SUMMARY ADJUDICATION 0F
14
RICHARD YOUNG, M.D.
VS.
15 [FILED CONCURRENTLY WITH SEPARATE
SAN ANTONIO REGIONAL HOSPITAL; STATEMENT 0F UNDISPUTED MATERIAL
16 AMERICAN MEDICAL RESPONSE; SIRAJ FACTS; DECLARATIONS OF GEOFFREY COLBY,
GIBANL MD; AARON CUTLER, M.D.g M.D., PHD. AND J0 LYNN VALOFF; EVIDENCE;
OF LODGMENT; AND [PROPOSED]
17 RICHARD YOUNG, M.D.; HIDE—AWHILE— 1312535
LOUNGE; and DOES 1- 1 00, inclusive,
18
DATE: January 30, 2024
Defendants.
19 TIME: 8:30 a.m.
DEPT.: Sl4
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21
ASSIGNED FOR ALL PURPOSES TO:
JUDGE: JEFFREY R. ERICKSON
22 DEPARTMENT: Sl4
23 Complaint Filed: 8/5/22
Trial Date: 6/ 1 7/24
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
26 PLEASE TAKE NOTICE that on Januagy 30, 2024 at 8:30 a.m., 0r as soon thereafter as
27 counsel may be heard in Department Sl4 0f the above-captioned court located at 247 West Third
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Street, San Bernardino, CA 9241 5-0210, CA, defendant Richard Young, M.D. Will move the Court
E:\l 1 1\6966-01\Pld\I\/ISJ\YOUNG\IVISJ W.TOC & TOA.Docx 1
MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION OF RICHARD YOUNG, M.D.
for Summary Judgment, pursuant to Code 0f Civil Procedure, section 437C. This motion is made
pursuant to California Code ofCivil Procedure section 437C, upon the following grounds: there is
no triable issue of material fact about 1) whether Richard Young, M.D. complied with the standard
of care in treating Michael Musharbash, 2) Whether any act 0r omission 0f Richard Young, M.D.
caused the death 0f Michael Musharbash, and 3) whether damages for mental anguish,
psychological and emotional distress are barred as a matter of law in this wrongful death action.
In the alternative, defendant Richard Young, M.D. Will move the Court for Summary
Adjudication, pursuant to Code 0f Civil Procedure, section 437C. This motion is made pursuant
to California Code ofCivil Procedure section 437C, upon the following grounds: there is n0 triable
issue 0f material fact about 1) whether Richard Young, M.D. complied With the standard of care
in treating Michael Musharbash, 2) whether any act 0r omission 0f Richard Young, M.D. caused
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the death of Michael Musharbash, and 3) whether damages for mental anguish, psychological and
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emotional distress are barred as a matter of law in this wrongful death action.
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This Motion is based upon this Notice 0f Motion and Motion, the attached Memorandum
13 of Points and Authorities, the accompanying Evidence, and Separate Statement of Undisputed
14 Material Facts filed concurrently herewith, the Declarations of Geoffrey P. Colby, M.D., Ph.D.
15 and Jo Lynn Valoff, upon all papers and pleadings 0n file in this action and upon such other and
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further oral and/or documentary evidence as may be presented at the time 0f hearing 0n this
motion.
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DATED: November 13, 2023 KELLY, TROTTER & FRANZEN
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20 By: ?Dé’wvajwai
MICHAEL J. TROTTER
21 JO LYNN VALOFF
Attorneys for Defendants, Siraj Gibani, M.D.,
22
Aaron Cutler, M.D. and Richard
23 Young, M.D.
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E:\l 1 1\6966—01\Pld\1\/ISJ\YOUNG\1VISJ W.TOC & TOA.Docx 2
MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION OF RICHARD YOUNG, M.D.