Lynne Oldham v. Santa Barbara Cottage Hospital

Case Number

24CV01998

Case Type

Hearing Date / Time

Mon, 06/30/2025 - 10:00

Nature of Proceedings

Motion of Defendants Covenant Living West and Todd A. Fearer, M.D. for Summary Judgment, or in the Alternative, Summary Adjudication

Tentative Ruling

Lynne Oldham v. Santa Barbara Cottage Hospital

Case No. 24CV01998

           

Hearing Date:  June 30, 2025                                                 

HEARING:              Motion of Defendants Covenant Living West and Todd A.

                             Fearer, M.D. for Summary Judgment, or in the Alternative,

                                    Summary Adjudication

                                               

ATTORNEYS:        For Plaintiffs Lynne Oldham, individually, and as successor in interest to Katherine Lucas, and Henry Lucas, an individual, and brother of Katherine Lucas: Benjamin Fogel, Benjamin Fogel, Inc.; William I. Goldsmith, Law Offices of Goldsmith & Hull; Markus B. Willoughby, Willoughby Law Firm, Inc. 

                             For Defendants Covenant Living West and Todd A. Fearer, M.D.: Jeffery W. Grass, Davis, Grass, Goldstein & Finlay

                                   

                                   

TENTATIVE RULING:

The motion of defendants Covenant Living West and Todd A. Fearer, M.D. 

for summary judgment is granted.  

Background:

Defendants Covenant Living West (sued herein as Covenant Living at the Samarkand) and Todd A. Fearer, M.D. move for summary judgment or, in the alternative, summary adjudication, with respect to plaintiffs’ claims for negligence and wrongful death. In doing so, defendants contend that they met the applicable standard of care at all relevant times and were not the legal cause of the alleged injuries or damages. Defendants submit the declaration of their expert, Ryan M. Klein, M.D., in support of their motion.

Plaintiffs have filed a notice of non-opposition to the motion in which they state that they “do not oppose” the motion. (Notice of non-opposition, filed June 3, 2025.)

Analysis:

Defendants’ instant motion is supported by the declaration of their expert, Dr. Klein, who states that all care and treatment which Dr. Fearer provided to plaintiffs’ decedent while at Covenant Living West complied with the standard of care at all times, and that Dr. Fearer and Covenant Living West did not cause any injury to plaintiffs’ decedent. (Klein Decl., para. 23.)

Dr. Klein’s declaration satisfies defendants’ burden on summary judgment. “ ‘When a defendant moves for summary judgment and supports his motion with expert declarations that his conduct fell within the community standard of care, he is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence.’ [Citations.]” (Hanson v. Grode (1999) 76 Cal.App.4th 601, 607, quoting Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 984-985.)

Plaintiffs, meanwhile, have filed a notice of non-opposition to defendants’ motion in which they expressly state that they do not oppose the motion.

Accordingly, given that defendants have met their initial burden and the fact that plaintiffs expressly do not oppose the motion, the Court orders that defendants’ motion for summary judgment is granted.