Serrano v. Haddad CA4/3

Filed 7/1/22 Serrano v. Haddad 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

PATRICIA SERRANO,

Plaintiff and Appellant, G059952

v. (Super. Ct. No. 30-2019-01048961)

NAZIH M. HADDAD, OPI NION

Defendant and Respondent.

Appeal from a judgment of the Superior Court of Orange County, Glenn R. Salter, Judge. Affirmed. Patricia Serrano, in pro. per., for Plaintiff and Appellant. Carroll, Kelly, Trotter & Franzen, David P. Pruett and Carley M. Ryckman, for Defendant and Respondent. * * *

INTRODUCTION An appellant, including one who is self-represented, bears the burden of providing an appellate record demonstrating error and adequate to allow meaningful review. Plaintiff and appellant Patricia Serrano has failed to meet this fundamental burden. Serrano appealed from a judgment entered after the trial court granted a motion for summary judgment brought by defendant Nazih M. Haddad in Serrano’s medical malpractice action. However, Serrano did not designate as part of the clerk’s transcript any of Haddad’s motion or reply papers including, most importantly, the declaration of Haddad’s expert. Because Serrano has not provided us an appellate record adequate to allow meaningful review, we affirm the judgment.

FACTS AND PROCEDURAL HISTORY Serrano did not designate her own complaint for inclusion in the clerk’s transcript. For information about her claims and allegations, we rely on her case management statement, which describes the case as a “Medical Negligence” action. In an attachment to the case management statement, Serrano claims Haddad, without Serrano’s knowledge or consent, injected Kenalog steroids into her breast while she was unconscious during surgery. Serrano suffered injury as a consequence. Haddad advised Serrano to see a dermatologist and allow the injury to heal on its own. A dermatologist told Serrano that as a result of too much steroid having been injected into her, she was suffering from thinning of the skin and fat loss in her breast and the damage would never heal 100 percent. Haddad filed a motion for summary judgment and, in support, submitted a declaration from his expert, Shahram Mashhadian, M.D. The motion papers are not part of the clerk’s transcript. Serrano filed opposition to the motion for summary judgment; those opposition papers are included in the clerk’s transcript. Haddad filed a reply to Serrano’s opposition, but the reply papers are not part of the clerk’s transcript.