Torres

Introduction

Plaintiff Octavio Torres, a minor, by and through his mother and guardian ad litem, Graciela Torres, appeals the trial court’s grant of summary judgment to defendants County of Los Angeles, Juan Arce, M.D., William Fields, M.D., Addie Davis, L.V.N., Patricia Barrett, R.N., Frances Riley, R.N., Wesley Prater, M.D., James Tucker, M.D., Louis Peterson, M.D., and Bennie Brown, M.D., on plaintiff’s cause of action for damages for medical malpractice filed October 18, 1982.

Standard of Review

After examining the facts before the trial judge on a summary judgment motion, an appellate court independently determines their effect as a matter of law. (Bonus-Built, Inc. v. United Grocers, Ltd. (1982) 136 Cal.App.3d 429, 442 [ 186 Cal.Rptr. 357 ].)

Despite this independent review, the appellate court applies the same legal standard as did the trial court. California Code of Civil Procedure section 437c, subdivision (c) requires the trial court to grant summary judgment if no triable issue exists as to a material fact, and if the papers entitle the moving party to a judgment as a matter of law. Emphasizing triable issues rather than disputed facts, summary judgment law…