Jackson v. Bui CA4/3

Filed 4/25/22 Jackson v. Bui 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

REGINALD JACKSON,

Plaintiff and Appellant, G060318

v. (Super. Ct. No. 30-2020-01125360)

DON BUI, M.D., OPINION

Defendant and Respondent.

Appeal from a judgment of the Superior Court of Orange County, Deborah C. Servino, Judge. Affirmed. Law Offices of Linda Scott and Linda L. Scott for Plaintiff and Appellant. Schmid & Voiles, Denise H. Greer, Michael C. Ting and Nazanin N. Houshyar for Defendant and Respondent. * * *

Reginald Jackson appeals from a judgment following the trial court’s order granting summary judgment to respondent Don Bui, M.D. Jackson argues the trial court erred in determining his medical malpractice claim was time-barred. For the reasons stated below, we conclude Bui was entitled to summary judgment and accordingly, we affirm.

I FACTUAL AND PROCEDURAL BACKGROUND A. Complaint On January 21, 2020, Jackson filed a complaint for medical malpractice against Bui. The complaint alleged that Bui had been treating Jackson for approximately one and a half years, beginning in November 2016. Despite being informed about Jackson’s increasing pain and elevated PSA levels, Bui did not order or perform testing that would have revealed Jackson had prostate cancer and bladder stones. The complaint further alleged that a CT scan performed in September 2018 revealed Jackson had prostate cancer and bladder stones. Finally, the complaint alleged Jackson complied with the notice requirements of Code of Civil Procedure section 364(a), and attached an August 30, 2019 written notice of Jackson’s intention to sue Bui for failure to timely 1 diagnose Jackson’s prostate cancer. Bui filed an answer, generally denying the allegations in the complaint. He also raised numerous affirmative defenses, including the applicable statute of limitations.