Witt v. Physical Therapy Specialists CA2/5

Filed 11/20/15 Witt v. Physical Therapy Specialists CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

DIANE WITT, B249101

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. SC111354) v.

PHYSICAL THERAPY SPECIALISTS OF BEVERLY HILLS,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Norman P. Tarle, Judge. Affirmed. Diane Witt, in pro. per., for Plaintiff and Appellant. Morris Polich & Purdy LLP, Richard H. Nakamura, Jr., Marc S. Katz for Defendant and Respondent.

INTRODUCTION

In this action for medical negligence, plaintiff and appellant Diane Witt appeals from a judgment following the granting of a motion for summary judgment in favor of defendant and respondent Physical Therapy Specialists of Beverly Hills (“defendant”). Plaintiff contends the court denied her the right to argue in opposition to the motion at the hearing, in violation of due process. We affirm the judgment.

PROCEDURAL BACKGROUND

Plaintiff filed a complaint against defendant and Melia Kakita, DPT on February 4, 2011 for damages for medical negligence. She filed a First Amended Complaint on July 16, 2012.1 In the amended complaint, she alleged that the treatment she received in 2007 from defendant and Kakita injured her left leg. In an answer filed July 25, 2012, defendant denied every allegation of the first amended complaint and asserted affirmative defenses. On November 30, 2012, defendant filed a motion for summary judgment on the ground, among others, that there is no triable issue of material fact in that the treatment provided by defendant was within the standard of care and did not cause plaintiff’s injuries. In support of the motion, defendant filed a declaration of Dr. Robert M. Wilson, a separate statement of undisputed material facts, and a copy of the records reviewed by Dr. Wilson. The motion was noticed to be heard February 14, 2013. Wilson, a physician board certified in orthopedic surgery and former director of physical therapy at a hospital and a physical therapy center, declared that, prior to being treated by defendant, plaintiff had “quite an extensive history of complaints [beginning in 1993] involving her legs, with many symptoms being experienced only in the left leg and the left side of her body in general. [Plaintiff’s] numerous and frequent healthcare