Stance v. Sutter Solano Medical Center CA1/1

Filed 9/19/23 Stance v. Sutter Solano Medical Center CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

OMARI STANCE, Plaintiff and Appellant, A165947 v. SUTTER SOLANO MEDICAL (Solano County CENTER, Super. Ct. No. FCS053064) Defendant and Respondent.

Plaintiff Omari Stance sued Sutter Solano Medical Center (SSMC) and Dr. William Melton, M.D., based on Stance’s mother’s death shortly after her treatment by Dr. Melton at SSMC. The trial court granted SSMC’s motion for summary judgment, concluding that (1) the hospital was not liable for any negligence by Dr. Melton on a theory that he was its ostensible agent or de facto employee and (2) Stance failed to rebut evidence that SSMC’s nursing staff met the governing standard of care. On appeal, Stance contends the trial court erred by granting summary judgment on these grounds.1 Because the record on appeal does not contain the memorandum of points and authorities in support of SSMC’s motion for

1 Stance’s sister, Halima Stance, is also a plaintiff, but she did not

appeal from the judgment.

summary judgment, we are unable to determine whether he is entitled to reversal. Therefore, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND On the afternoon of March 14, 2018, Stance’s 54-year-old mother, Sonja Stephens, was admitted to SSMC’s emergency room with “complaints of diarrhea, fever, body ache[,] and weakness.” Around 2:30 p.m., Dr. Melton examined Stephens “and noted that her physical examination findings were all within normal limits other than some mild diffuse tenderness to palpation of her abdomen.” At his direction, Stephens received “medication for nausea, medication for possible bacterial infection, IV fluids to address dehydration[,] and morphine for pain.” Around 5:30 p.m., after her vital signs were confirmed to be normal, Stephens was discharged from the hospital “per Dr. Melton’s orders with prescriptions for medication, standard instructions regarding care for worsening diarrhea[,] and . . . a referral to . . . [an] oncologist.” Two days later, on March 16, 2018, Stephens died at home. The autopsy report lists her cause of death as “undetermined.” Stance and his sister sued SSMC and Dr. Melton in June 2019. After SSMC’s partially successful demurrer to the operative complaint, Stance’s remaining claims were an individual cause of action for wrongful death and a survivor cause of action for professional medical negligence. SSMC then filed a motion for summary judgment, which the trial court granted. Final judgment in SSMC’s favor was entered in April 2022.2