Sperber
Sperber v. Regents of the University of Cal. CA2/3
Opinion
Opinion
Kitching, J.
INTRODUCTION
Plaintiffs Rebecca Sperber and the estate of Edith Sperber appeal the trial court’s order granting Defendants’ motion for summary judgment in their wrongful death lawsuit against Defendants the Regents of the University of California, Nova Foster, M.D., Victor Duval, M.D., Stephanie Berman, M.D., Yu Cheng-Wen, M.D., and Patricia Eshagain, M.D. In their motion, Defendants produced expert testimony from doctors attesting that the medical care provided to Edith1 did not fall below the standard of care and that their actions did not cause or contribute to Edith’s death. Plaintiffs opposed the motion, relying solely on Rebecca’s declaration regarding Defendants’ medical care of her mother. Plaintiffs assert that Rebecca’s declaration provided evidence that raises a triable issue of material fact. Plaintiffs also argue that they were wrongfully denied a continuance of the motion for summary judgment, with which they intended to depose Defendants’ experts. We affirm the trial court because Plaintiffs failed to create a triable issue of material fact regarding breach of the standard of care or causation and because they provided insufficient reasons to continue the…