The motion for summary judgment by defendants Omid Shayan, DDS and Cypress Dental Group is DENIED. Plaintiffs Vidya Ranasinghe, et al. have presented evidence creating a triable issue of material fact as to whether defendant Dr. Shayan breached the standard of care in his care and treatment of plaintiff Vidya Ranasinghe. [See, Plaintiffs? UMF Nos. 21, 22, 23, 24, 25, 26 and 27.] Also, Plaintiffs have presented evidence creating a triable issue of material fact as to causation. [See, Plaintiffs? UMF Nos. 27 and 28.] With these triable issues of material fact as to defendants Dr. Shayan, et al.?s care and treatment of plaintiff Vidya Ranasinghe, there are triable issues of material fact as to plaintiff Kalyani Kuruppu?s derivative cause of action for loss of consortium.?See,?Hahn v. Mirda?(2007) 147 Cal.App.4th?740, 746. The Court notes that defense counsel?s declaration of 11-3-17 laid the foundation for the dental treatment records provided to defendants? expert, Dr. DelSol. (See, Supplemental Declaration of Nicholas Aloia filed 11-3-17.) When the moving defendant lays the foundation for the treatment records, plaintiff in opposition has no burden to re-authenticate these same treatment records.?See,Shugart v. Regents of the University of Calif.?(2011) 199 Cal.App.3th 499, 505 to 506.
Defendants? Evidentiary Objections, re Declaration of Monty C. Wilson, D.D.S.:?OVERRULED as to Objection No. 1.
Defendants? Request for Judicial Notice:?As to Ex. A, Plaintiffs? Separate Statement of Undisputed Material Facts filed 6-8-17, denied, as it is not relevant to the pending motion for summary judgment.?See,?Arce v. Kaiser Foundation Health Plan, Inc.?(2010) 181 Cal.App.4th?471, 482.
Moving parties to give notice.