Olson v. Rafidi CA2/1

Filed 4/17/13 Olson v. Rafidi CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

JULIANNA L. OLSON, B241454

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. LC095276) v.

FAUD RAFIDI et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Huey P. Cotton, Jr., Judge. Affirmed. Law Offices of Rheuben & Gresen, Steven V. Rheuban and Steven M. Cischke, for Plaintiff and Appellant. La Follette, Johnson, De Haas, Fesler & Ames, Christopher P. Wend and David J. Ozeran, for Defendants and Respondents. _________________________

The trial court dismissed without leave to amend Juliana Olson’s first amended complaint alleging medical malpractice, sustaining a demurrer on the ground that that the action was barred by the statute of limitations. Olson appeals, and we affirm. BACKGROUND On October 26, 2011, Olson filed a complaint for professional negligence against Faud Rafidi, M.D., the San Fernando Valley Vascular Group, and others (hereinafter Dr. Rafidi). Olson alleged that Dr. Rafidi had negligently performed her thyroid lobectomy procedure on April 22, 2009. Attached was a notice of intent to commence legal action dated July 7, 2011. Dr. Rafidi filed a demurrer stating that the action was barred by the one-year statute of limitations, and the court sustained the demurrer with leave to amend on January 11, 2012. On January 20, 2012, Olson filed a first amended complaint alleging that after her thyroid lobectomy surgery on April 22, 2009, she “suffered breathing problems, but thought it was due to asthma. When Plaintiff went to Defendant[] Dr. Rafidi . . . for follow ups she complained of her breathing problems, but was told by Dr. Rafidi that her breathing problems were not caused by the surgery, and that it must be caused by stress in her personal life. On or about July 7, 2009 Plaintiff saw her asthma doctor who said her problems could be caused by a vocal cord. Plaintiff followed up with an ENT [ear, nose and throat] specialist who told her that when a vocal cord gets stretched, it could take up to two years to recover as long as it is not severed. He told Plaintiff her vocal cord was not severed. Two years later, on or about May 25, 2011, Plaintiff went for a two year checkup, and was told that there was no change in her vocal cord and that, if it had not healed by then, it probably never would.” Dr. Rafidi was negligent in his treatment of Olson, causing her damages. Again, Dr. Rafidi filed a demurrer stating that the action was barred by the one- year statute of limitations in Code of Civil Procedure section 340.5. After a hearing on March 14, 2012, the trial court granted the demurrer without leave to amend in an order filed March 26, 2012. Olson filed this timely appeal.