Collins

Ryan Lee Collins, a minor, sued Sutter Memorial Hospital (Sutter), alleging medical malpractice. The trial court granted Sutter’s motion for summary judgment and entered a defense judgment. The trial court later granted Collins a new trial and vacated the judgment, finding summary judgment had been granted in error. Sutter appeals. The appeal lies. (Code Civ. Proc., § 904.1, subd. (a)(4).)

*6 On appeal, Sutter does not attack the substantive merits of the new trial order. Instead, Sutter principally contends the order granting a new trial must be reversed both because it was entered after the trial court lost jurisdiction to act and because the order specified a different ground than that stated in Collins’s notice of intent to move for a new trial.

We reject Sutter’s claim that the trial court lost jurisdiction to act on Collins’s motion for a new trial. We also conclude that although Collins’s counsel cited the wrong ground for a new trial in the notice of intent, the timely memorandum in support of the motion notified Sutter of the correct ground. Sutter was not at all misled. Indeed, Sutter’s opposition to Collins’s motion for new trial addressed the issues…