Echeverria v. Bandy CA4/3

Filed 3/4/26 Echeverria v. Bandy CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

GLORIA ECHEVERRIA,

Plaintiff and Appellant, G064893

v. (Super. Ct. No. 30-2022- 01288605) AMY BANDY, OPINION Defendant and Respondent.

Appeal from a judgment of the Superior Court of Orange County, Michael J. Strickroth, Judge. Affirmed. Graham & Associates and Anthony G. Graham for Plaintiff and Appellant. Cole Pedroza, Kenneth R. Pedroza, Nathan J. Novak; Schafer McMahon, Terrence J. Schafer and Shahla Couper for Defendant and Respondent.

Gloria Echeverria appeals a judgment entered after Amy Bandy’s motion for summary judgment was granted. As we will explain below, Bandy shifted the burden on each cause of action to Echeverria. In opposition, Echeverria did not provide any medical expert declarations and therefore failed to establish any triable issue of material fact. Echeverria filed evidentiary objections, and the trial court did not abuse its discretion in overruling them. The court properly granted the motion and we affirm. FACTUAL AND PROCEDURAL BACKGROUND I. THE COMPLAINT Echeverria’s daughter, Ashley Renteria hired Bandy to perform a breast augmentation in 2017. Renteria was not pleased with results of the surgical procedure and filed a lawsuit against Bandy in 2021 alleging medical malpractice as well as violations of the Business and Professions Code section 17200. As part of that lawsuit, Renteria gave deposition testimony. Before the lawsuit could be resolved, Renteria died by suicide in July 2022. In October 2022, Echeverria filed a complaint for wrongful death pursuant to Code of Civil Procedure section 377.60. The complaint accused Bandy of negligently performing the surgery, which ultimately resulted in Renteria’s death. Specifically, Echeverria alleged that after the surgery, Renteria reported her breasts were misshapen and swollen and that she had “distressing scarring” and significant pain. Renteria, who worked as a dancer, was “horrified” by her appearance. The complaint alleged Renteria had a fear of further surgery, began taking antidepressants, and continued to complain of extreme pain and emotional distress due to her “deformity” until she ultimately took her own life. The complaint also alleged the informed consent