Zarum

FACTS AND PROCEDURAL HISTORY

On June 24, 2013, Zarum filed a wrongful death medical malpractice complaint, as amended in January and March 2014, alleging defendants negligently caused the death of her father, decedent Theodore Lee Gunderson. Defendants filed general denials and raised multiple affirmative defenses, including the statute of limitations. In November 2013, defendants moved for summary judgment. Among other things, defendants asserted the applicable statute of limitations barred Zarum’s action.1 According to a defense expert who reviewed the medical records, Gunderson, age 80, was diagnosed with bladder cancer, specifically invasive papillary

1 The parties filed separate summary judgment motions in the trial court raising the statute of limitations issue. (See Village Nurseries, L.P. v. Greenbaum (2002) 101 Cal.App.4th 26 [section 437c requires each party moving for summary judgment to file a separate statement].) In her summary judgment motion, Nanci also asserted she did not cause Gunderson’s death. In its summary judgment motion, Hoag also claimed it had no agency relationship with Nanci. Because the trial court did not rule on these issues, we need not address…