Scofield
Scofield v. Shu CA2/5
Opinion
Opinion
I. INTRODUCTION
Erica Scofield, Rosa Gomez, Robert Cedillos, and Daniel Cedillos (plaintiffs) brought a wrongful death and negligence action against Drs. Eileen Shu and Denis Latuno, nurse practitioners Shelca Ramirez and Telsa Boosalis1, and Antelope Valley Hospital (defendants) concerning the emergency room care defendants provided plaintiffs’ father Jesse Cedillos (the decedent). The trial court granted Dr. Shu’s motion for summary judgment2 and entered judgment in her favor. On appeal, plaintiffs contend (1) the court erred when it ruled plaintiffs’ medical expert witness, Dr. Erik Pearson, was not competent to opine that Dr. Shu breached the relevant standard of care, and (2) Dr. Pearson’s challenged declaration testimony raised a triable issue of material fact as to whether Dr. Shu breached the relevant standard of care. We affirm.
II. BACKGROUND
A. Plaintiffs’ Complaint
On August 25, 2020, plaintiffs filed their complaint against defendants. Plaintiffs’ wrongful death cause of action alleged that on October 29, 2019, the decedent retained defendants to examine, diagnose, and treat him. The decedent requested he not