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
MICHAEL J. TROTTER (SBN 139034) 11/17/2023 2:47 PM
JO LYNN VALOFF SBN 177081 .
111 West Ocean Boul(evard, 14th 1421001'
By: LeSIIe zepeda’ DEPUTY
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
10
11 JOSEPH MUSHARBASH, an individual and as CASE NO.: CIVSB22171 17
Successor-in-Interest t0 the Estate of MICHAEL
12 MUSHARBASH, SEPARATE STATEMENT 0F FACTS IN
SUPPORT 0F DEFENDANT SIRAJ
13
Plaintiffs, GIBANI’SMOTION FOR SUMMARY
14 JUDGMENT/SUMMARY
VS- ADJUDICATION
15
SAN ANTONIO REGIONAL HOSPITAL; [FILED CONCURRENTLY WITH NOTICE 0F
16 AMERICAN MEDICAL RESPONSE; SIRAJ MOTION AND MOTION FOR SUMMARY
GIBANI MD. AARON CUTLER MD. JUDGMENT; DECLARATIONS 0F GEOFFREY P.
COLBY, M.D., PH.D., JO LYNN VALOFF;
17 RICHARD YOUNG’ M'D" HIDE_AWHILE_ EVIDENCE; NOTICE OF LODGMENT [PROPOSED]
o
LOUNGE; and DOES 1- 1 00, inclusive, ORDER]
18
Defendants. DATE: February 7, 2024
19
TIME: 8:30 a.m.
20 DEPT.: Sl4
21
ASSIGNED FOR ALL PURPOSES TO:
22 JUDGE: JEFFREY R. ERICKSON
DEPARTMENT: Sl4
23
Complaint Filed: 8/5/22
Trial Date: 6/ 1 7/24
24
25 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
26 Defendant, Siraj Gibani, M.D. hereby submits the following Separate Statement 0f
27 Undisputed Material Facts and references t0 supporting evidence in support 0f his Motion for
28 Summary Judgment and alternative Motion for Summary Adjudication pursuant t0 Code 0f Civil
E:\l 1 1\6966-01\Pld\MSJ\GIBANI\SEP STMTDOCX 1
SEPARATE STATEMENT OF FACTS IN SUPPORT OF DEFENDANT SIRAJ GIBANI’S MOTION FOR
SUMMARY JUDGMENT/SUMMARY ADJUDICATION
Procedure, Section 43 7c. These facts include every essential element necessary t0 entitle moving
Defendant to a summary judgment and alternative summary adjudication. The facts as set forth
herein are claimed t0 be true for the purpose 0f this motion only.
ISSUE 1: WHETHER SIRAJ GIBANI, M.D. COMPLIED WITH THE
STANDARD OF CARE IN TREATING MICHAEL MUSHARBASH
Moving Party's Undisputed Material Opposing Party's Response and
Facts and Supporting Evidence: Supporting Evidence:
1. Plaintiff Joseph Musharbash, the father 0f 1.
patient Michael Musharbash, alleges a failure
10 by the neurosurgeons t0 timely and
11 appropriately treat his son’s traumatic brain
12 injury t0 prevent his death 0n Auggst 8, 202 1.
13 (EX. B; Dec. Colby, M.D., Ph.D., 3: 27-28,
14 4: 1)
15 2. Michael Musharbash fell three times the 2.
16 night 0f July 20, 2021. The records from the
17 San Bernardino County Sheriff’s Crime
18 Report show the first fall was outside a bar
19 when he fell and hit his head on the concrete
20 (EX. C-l: p. 10-1 1). The second fall was after
21 the Fire Department and police arrived on
22 scene in response t0 the first fall. The police
23 officer reported a second fall and saw Mr.
24 Musharbash 0n the ground face up. Mr.
25 Musharbash refused evaluation and transport
26 to the hospital after either fall (EX. C1: p. 12).
27 The third fall occurred after he exited the
28 ///
E:\l 1 1\6966—01\Pld\MSJ\GIBANI\SEP STMT.Docx 2
SEPARATE STATEMENT OF FACTS IN SUPPORT OF DEFENDANT SIRAJ GIBANI’S MOTION FOR
SUMMARY JUDGMENT/SUMMARY ADJUDICATION
Document Filed Date
November 17, 2023
Case Filing Date
August 03, 2022
Category
Medical Malpractice Unlimited
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT KELLY, TROTTER & FRANZEN MICHAEL J. TROTTER (SBN 139034) 11/17/2023 2:47 PM JO LYNN VALOFF SBN 177081 . 111 West Ocean Boul(evard, 14th 1421001' By: LeSIIe zepeda’ DEPUTY 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 10 11 JOSEPH MUSHARBASH, an individual and as CASE NO.: CIVSB22171 17 Successor-in-Interest t0 the Estate of MICHAEL 12 MUSHARBASH, SEPARATE STATEMENT 0F FACTS IN SUPPORT 0F DEFENDANT SIRAJ 13 Plaintiffs, GIBANI’SMOTION FOR SUMMARY 14 JUDGMENT/SUMMARY VS- ADJUDICATION 15 SAN ANTONIO REGIONAL HOSPITAL; [FILED CONCURRENTLY WITH NOTICE 0F 16 AMERICAN MEDICAL RESPONSE; SIRAJ MOTION AND MOTION FOR SUMMARY GIBANI MD. AARON CUTLER MD. JUDGMENT; DECLARATIONS 0F GEOFFREY P. COLBY, M.D., PH.D., JO LYNN VALOFF; 17 RICHARD YOUNG’ M'D" HIDE_AWHILE_ EVIDENCE; NOTICE OF LODGMENT [PROPOSED] o LOUNGE; and DOES 1- 1 00, inclusive, ORDER] 18 Defendants. DATE: February 7, 2024 19 TIME: 8:30 a.m. 20 DEPT.: Sl4 21 ASSIGNED FOR ALL PURPOSES TO: 22 JUDGE: JEFFREY R. ERICKSON DEPARTMENT: Sl4 23 Complaint Filed: 8/5/22 Trial Date: 6/ 1 7/24 24 25 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 26 Defendant, Siraj Gibani, M.D. hereby submits the following Separate Statement 0f 27 Undisputed Material Facts and references t0 supporting evidence in support 0f his Motion for 28 Summary Judgment and alternative Motion for Summary Adjudication pursuant t0 Code 0f Civil E:\l 1 1\6966-01\Pld\MSJ\GIBANI\SEP STMTDOCX 1 SEPARATE STATEMENT OF FACTS IN SUPPORT OF DEFENDANT SIRAJ GIBANI’S MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION Procedure, Section 43 7c. These facts include every essential element necessary t0 entitle moving Defendant to a summary judgment and alternative summary adjudication. The facts as set forth herein are claimed t0 be true for the purpose 0f this motion only. ISSUE 1: WHETHER SIRAJ GIBANI, M.D. COMPLIED WITH THE STANDARD OF CARE IN TREATING MICHAEL MUSHARBASH Moving Party's Undisputed Material Opposing Party's Response and Facts and Supporting Evidence: Supporting Evidence: 1. Plaintiff Joseph Musharbash, the father 0f 1. patient Michael Musharbash, alleges a failure 10 by the neurosurgeons t0 timely and 11 appropriately treat his son’s traumatic brain 12 injury t0 prevent his death 0n Auggst 8, 202 1. 13 (EX. B; Dec. Colby, M.D., Ph.D., 3: 27-28, 14 4: 1) 15 2. Michael Musharbash fell three times the 2. 16 night 0f July 20, 2021. The records from the 17 San Bernardino County Sheriff’s Crime 18 Report show the first fall was outside a bar 19 when he fell and hit his head on the concrete 20 (EX. C-l: p. 10-1 1). The second fall was after 21 the Fire Department and police arrived on 22 scene in response t0 the first fall. The police 23 officer reported a second fall and saw Mr. 24 Musharbash 0n the ground face up. Mr. 25 Musharbash refused evaluation and transport 26 to the hospital after either fall (EX. C1: p. 12). 27 The third fall occurred after he exited the 28 /// E:\l 1 1\6966—01\Pld\MSJ\GIBANI\SEP STMT.Docx 2 SEPARATE STATEMENT OF FACTS IN SUPPORT OF DEFENDANT SIRAJ GIBANI’S MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION