On June 02, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Raul Saldana And Eric Saldana,
and
Brett Clement, Do,
Dignity Health,
Dignity Health - St. Bernardine Medical Center,
Does 4 To100,
Omar Saleh, M.D.,
Saldana, Jason,
Saldana, Jessica,
Saldana, Kady,
Simpledeep Kaur Banipal,
for Medical Malpractice Unlimited
in the District Court of San Bernardino County.
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THOMPSON & COLEGATE LLP
3610 Fourteenth Street
P. 0. Box 1299
Riverside, California 92502 F L
Tel: (951) 682-5550 SUPERIOR coma”
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Fax: (951) 781-4012 C&UQ’EEQfiARjNBg’ggfiSSM
T
DIANE MAR WIESMANN (SBN 124409) JUN ‘1
dwiesmann@tclaw.net K2022
JUSTIN J. JANZEN (SBN 242556)
anzen@tclaw.net BY
jj
NICOLE o'owaR’
DEPUTY
Attorneys for Defendant
DIGNITY HEALTH dba ST. BERNARDINE MEDICAL CENTER
(erroneously sued and served as Dignity Health - St. Bernardine Medical Center)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT
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RAUL SALDANA AND ERIC SALDANA, CASE NO. CIVSB21 15525
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Plaintiffs, Hon. Khymberli S. Apaloo
Dept. $25
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V.
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DEFENDANT DIGNITY HEALTH dba
DIGNITY HEALTH - ST. BERNARDINE ST. BERNARDINE MEDICAL
MEDICAL CENTER, KADY SALDANA, CENTER’S NOTICE OF MOTION AND
JASON SALDANA, JESSICA SALDANA, and MOTION FOR SUMMARY JUDGMENT/
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DOES 1 to 100, inclusive, ADJUDICATION; MEMORANDUM 0F
POINTS AND AUTHORITIES IN
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Defendants. SUPPORT THEREOF
[Filed concurrently with Separate Statement of
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Undisputed Material Facts; Exhibit Packet
including Declaration of Justin J. Janzen,
l9
Declaration of Dani Lavoie, and Declaration 0f
William Klein, MD; [Proposed] Order; and
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[Proposed] Judgment]
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Date: October 18, 20226
Time: 8: 30 a. m.
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Dept: $25 ( ’63:! 1).5
23 ( ”(9009/ 54:
TRIAL DATE: Noneé
24
ACTION FILED: June 2, 2021
25
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Please take notice that on October 18, 2022, at 8:30 am. in Dept. S25 of the above captioned
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27
Court, Defendant DIGNITY HEALTH dba ST. BERNARDINE MEDICAL CENTER (erroneously
sued and served as DIGNITY HEALTH) will and hereby does move this Court for an order granting
28
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DEFENDANT’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT/ADJUDICATION
y
(
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Summary Judgment, or in the alternative, Summary Adjudication, in its favor as t0 Plaintiffs’
Complaints for Damages.
This Motion is made pursuant to California Code ofCivil Procedure, Section 437C, 0n the
grounds that Plaintiffs’ claims are devoid 0f merit and n0 triable issue 0f fact exists as to the Moving
Defendants’ compliance with the standard of care and 0f having caused any injury or damage to the
Plaintiffs and therefore summary judgment/adjudication is required as a matter of law as to the
following issues:
Mei:
Physicians are not Agents 0r Emplovees 0f Defendant
10 There is no triable issue of material fact regarding Plaintiffs’ claim for wrongful death based
11 on negligence 0f Defendant, by and through physicians, because they are not employees or agents of
12 Defendant.
13 lss_ue_A
14 Wrongful Death based 0n Professional Negligence
15 There is no triable issue of material fact regarding Plaintiffs” claim for wrongful death based
16 0n negligence of Defendant, because they cannot establish that the agents 0r employees 0f
17 Defendant breached the duty of care t0 decedent.
18 This motion is based upon this Notice of Motion and the attached Memorandum of Points and
l9 Authorities and exhibits thereto, the pleadings, records and files in this case, the Separate Statement
20 of Undisputed Material Facts filed concurrently herewith, the Declaration 0f expert Williams Klein,
21 MD, the Declaration 0f Dani Lavoie, and the Declaration 0f Justin J. Janzen and 0n such oral and
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22 documentary evidence as may be presented at the hearing on this n e n.
23 DATED: June Ji, 2022
24
DIANE MAR WIESMANN
25
JUSTIN J. JANZEN
26 Attorneys for Defendant,
DIGNITY HEALTH dba ST. BERNARDINE
27 MEDICAL CENTER
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DEFENDANT’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT/ADJUDICATION
Document Filed Date
June 15, 2022
Case Filing Date
June 02, 2021
Category
Medical Malpractice Unlimited
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' l . THOMPSON & COLEGATE LLP 3610 Fourteenth Street P. 0. Box 1299 Riverside, California 92502 F L Tel: (951) 682-5550 SUPERIOR coma” l Fax: (951) 781-4012 C&UQ’EEQfiARjNBg’ggfiSSM T DIANE MAR WIESMANN (SBN 124409) JUN ‘1 dwiesmann@tclaw.net K2022 JUSTIN J. JANZEN (SBN 242556) anzen@tclaw.net BY jj NICOLE o'owaR’ DEPUTY Attorneys for Defendant DIGNITY HEALTH dba ST. BERNARDINE MEDICAL CENTER (erroneously sued and served as Dignity Health - St. Bernardine Medical Center) SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT 11 RAUL SALDANA AND ERIC SALDANA, CASE NO. CIVSB21 15525 12 Plaintiffs, Hon. Khymberli S. Apaloo Dept. $25 l3 V. 14 DEFENDANT DIGNITY HEALTH dba DIGNITY HEALTH - ST. BERNARDINE ST. BERNARDINE MEDICAL MEDICAL CENTER, KADY SALDANA, CENTER’S NOTICE OF MOTION AND JASON SALDANA, JESSICA SALDANA, and MOTION FOR SUMMARY JUDGMENT/ 16 DOES 1 to 100, inclusive, ADJUDICATION; MEMORANDUM 0F POINTS AND AUTHORITIES IN 17 Defendants. SUPPORT THEREOF [Filed concurrently with Separate Statement of 18 Undisputed Material Facts; Exhibit Packet including Declaration of Justin J. Janzen, l9 Declaration of Dani Lavoie, and Declaration 0f William Klein, MD; [Proposed] Order; and 20 [Proposed] Judgment] 21 Date: October 18, 20226 Time: 8: 30 a. m. 22 Dept: $25 ( ’63:! 1).5 23 ( ”(9009/ 54: TRIAL DATE: Noneé 24 ACTION FILED: June 2, 2021 25 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Please take notice that on October 18, 2022, at 8:30 am. in Dept. S25 of the above captioned 26 27 Court, Defendant DIGNITY HEALTH dba ST. BERNARDINE MEDICAL CENTER (erroneously sued and served as DIGNITY HEALTH) will and hereby does move this Court for an order granting 28 1 DEFENDANT’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT/ADJUDICATION y ( . Summary Judgment, or in the alternative, Summary Adjudication, in its favor as t0 Plaintiffs’ Complaints for Damages. This Motion is made pursuant to California Code ofCivil Procedure, Section 437C, 0n the grounds that Plaintiffs’ claims are devoid 0f merit and n0 triable issue 0f fact exists as to the Moving Defendants’ compliance with the standard of care and 0f having caused any injury or damage to the Plaintiffs and therefore summary judgment/adjudication is required as a matter of law as to the following issues: Mei: Physicians are not Agents 0r Emplovees 0f Defendant 10 There is no triable issue of material fact regarding Plaintiffs’ claim for wrongful death based 11 on negligence 0f Defendant, by and through physicians, because they are not employees or agents of 12 Defendant. 13 lss_ue_A 14 Wrongful Death based 0n Professional Negligence 15 There is no triable issue of material fact regarding Plaintiffs” claim for wrongful death based 16 0n negligence of Defendant, because they cannot establish that the agents 0r employees 0f 17 Defendant breached the duty of care t0 decedent. 18 This motion is based upon this Notice of Motion and the attached Memorandum of Points and l9 Authorities and exhibits thereto, the pleadings, records and files in this case, the Separate Statement 20 of Undisputed Material Facts filed concurrently herewith, the Declaration 0f expert Williams Klein, 21 MD, the Declaration 0f Dani Lavoie, and the Declaration 0f Justin J. Janzen and 0n such oral and ' 22 documentary evidence as may be presented at the hearing on this n e n. 23 DATED: June Ji, 2022 24 DIANE MAR WIESMANN 25 JUSTIN J. JANZEN 26 Attorneys for Defendant, DIGNITY HEALTH dba ST. BERNARDINE 27 MEDICAL CENTER 28 2 DEFENDANT’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT/ADJUDICATION