Barragan

This action arises from plaintiffs being bom prematurely, with cerebral palsy. Plaintiffs, through their guardian ad litem, filed a wrongful life lawsuit against Dr. Robert Lopez, their mother’s obstetrician/gynecologist, claiming Dr. Lopez should have advised their mother that she had the right to abort her pregnancy.

Plaintiffs appeal summary judgment entered in favor of Dr. Lopez. Plaintiffs contend triable issues exist as to whether Dr. Lopez had a duty to advise mother of her right to an abortion, causation, and damages. Plaintiffs also assert the trial court erred in denying plaintiffs’ requests for sanctions, and allowing a second independent medical examination (IME) of plaintiffs. In addition, plaintiffs request this court to order Judge Plotkin disqualified in the event plaintiffs prevail on appeal and the case is remanded to the trial court.

After reviewing the expert declarations and other evidence submitted in support of and in opposition to Dr. Lopez’s summary judgment motion, we affirm, finding it is undisputed that Dr. Lopez did not owe plaintiffs’ mother a duty to advise her of her right to an abortion. We further reject plaintiffs’ other contentions as…