Juliar v. St. Jude Hospital CA4/3

Filed 3/24/26 Juliar v. St. Jude Hospital 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

DALE JULIAR et al.,

Plaintiffs and Appellants, G064493

v. (Super. Ct. No. 30-2022- 01280961) ST. JUDE HOSPITAL, OPINION Defendant and Respondent.

Appeal from a judgment of the Superior Court of Orange County, Michael J. Strickroth, Judge. Reversed and remanded. Mahoney & Soll, Paul M. Mahoney and Ryan P. Mahoney for Plaintiffs and Appellants. Kelly, Trotter & Franzen and David P. Pruett, for Defendant and Respondent.

Plaintiffs Dale Juliar, Stephen Juliar, and Timothy Juliar appeal 1 from summary judgment for defendant on their wrongful death claim. For the first time on appeal, plaintiffs assert defendant failed to meet its initial burden because its expert did not establish the standard of care. In our independent review, we agree with plaintiffs. Thus, we must reverse and remand. FACTS Plaintiffs sued defendant and a surgeon for the wrongful death of their relative, Helen Juliar. The complaint alleged Juliar died after the surgeon “rupture[d]” Juliar’s artery while inserting a pacemaker at the hospital. It alleged defendants “failed to timely diagnose and/or mismanaged an emergency pericardial tamponade.” Defendant moved for summary judgment based on the expert declaration from Julia Hughes, a nurse and former surgery center nursing director with a master’s degree in healthcare administration. She recounted: “[t]he surgery started at 2133”; “[a]round 2152 . . . a code blue was called”; and “[a]t 2230, an echo was performed, and it was noted that it was consistent with probable tamponade.” Later, “[a]nother echo was performed and showed organized pericardial clots.” Another code was called; Juliar could not be resuscitated and died. Hughes opined: (1) defendant and its staff “met the nursing standard of care in the community”; (2) “[t]he O.R. team ensured that the