Smith v. Olympia Health Care CA2/5

Filed 8/23/23 Smith v. Olympia Health Care CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

NAILAH SMITH, B318987

Plaintiff and Appellant, (Los Angeles County Super. Ct. v. No. BC712013)

OLYMPIA HEALTH CARE, LLC et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County, H. Jay Ford, III, Judge. Dismissed. Gary Rand & Suzanne E. Rand-Lewis and Suzanne E. Rand-Lewis for Plaintiff and Appellant. Carroll, Kelly, Trotter & Franzen, David P. Pruett and Carley M. Ryckman for Defendants and Respondents Olympia Health Care and Alecto Healthcare Services Los Angeles. Cole Pedroza, Kenneth R. Pedroza and David Z. Sohn for Defendant and Respondent Christos Kalatzis.

Plaintiff Nailah Smith purports to appeal from an order granting summary judgment in favor of defendant anesthesiologist Christos Kalatzis, M.D., and an order granting summary judgment in favor of defendants Olympia Health Care, LLC, doing business as Olympia Medical Center (Olympia), and Alecto Heathcare Services, doing business as Olympia Medical Center (Alecto) in this medical malpractice action. Smith contends the moving parties’ evidence was not sufficient to shift the burden on summary judgment, and even if it was, triable issues of fact exist based on the common knowledge doctrine or res ipsa loquitur. We conclude, however, that the orders are nonappealable, and therefore, we dismiss the appeal.

FACTS AND PROCEDURAL HISTORY

On June 25, 2018, Smith filed an action against Kalatzis, Olympia, Alecto, and several additional treatment providers, for medical malpractice, intentional infliction of emotional distress, battery, concealment, and breach of fiduciary duty. On July 9, 2021, Kalatzis filed a motion for summary judgment on the ground that he complied with the standard of care in the community at all times and no alleged negligent act or omission of his was a substantial factor in Smith’s injuries. Among other evidence, he submitted a declaration from expert witness Gary J. Nitti, M.D., providing details from Smith’s medical records and Nitti’s opinion that Kalatzis complied with the standard of care. On August 19, 2021, Olympia and Alecto filed a motion for summary judgment on the grounds that the treatment rendered by Olympia complied with the standard of care and did not cause Smith’s injuries. In addition, Alecto did not operate Olympia at