Fraizer v. Velkura

Opinion

LILLIE, P. J.

Dixie Jane Fraizer (Fraizer) appeals from judgment entered following order granting summary judgment in favor of defendant Hymavathi Velkura, M.D. (Velkura). She contends the trial court erroneously granted summary judgment in that she had standing to assert the claim for the wrongful death of her granddaughter.

Statement of Facts and Procedural History

Julia Marie Fraizer-Calderon (Fraizer-Calderon) was born on June 7, 1994, with a serious congenital neurological disorder, hydranencephaly, and congenital blindness due to bilateral optic nerve hypoplasia. She was freed for adoption by the Los Angeles Superior Court on January 21, 1997, as a result of the permanent termination of parental rights. Fraizer was the grandmother and guardian of the minor child, and was just weeks away from the finalization of adoption proceedings through the Los Angeles County Department of Children and Family Services (the Department) when FraizerCalderon died on January 13, 1998.

On January 12, 1999, Fraizer filed in superior court a complaint for damages against Velkura for the wrongful death of Fraizer-Calderon, medical negligence and fraud.

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Velkura filed a motion for summary judgment asserting, inter alia, that Fraizer had no standing as a plaintiff in this action. Said motion was granted.

Discussion

“Summary judgment is appropriate if all the papers submitted show that there is no triable issue as to any material fact and that the moving party

[945]

is entitled to judgment as a matter of law. [Citation.] ft[]

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“A defendant seeking summary judgment has met the burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action cannot be established [or that there is a complete defense to that cause of action], . . . Once the defendant’s burden is met, the burden shifts to the plaintiff to show that a triable issue of fact exists as to that cause of action. ... In reviewing the propriety of a summary judgment, the appellate court independently reviews the record that was before the trial court .... We must determine whether the facts as shown by the parties give rise to a triable issue of material fact. ... In making this determination, the moving party’s affidavits are strictly construed while those of the opposing party are liberally construed.” . . . We accept as undisputed facts only those portions of the moving party’s evidence that are not contradicted by the opposing party’s evidence. ... In other words, the facts alleged in the evidence of the party opposing summary judgment and the reasonable inferences therefrom must be accepted as true.’ [Citation.]”