Walla v. Olive View UCLA Medical Center CA2/8

Filed 3/4/24 Walla v. Olive View UCLA Medical Center CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

ANDREW WALLA, B326588

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 19STCV27345) v.

OLIVE VIEW UCLA MEDICAL CENTER et al.,

Defendants and Respondents.

APPEAL from judgment and order of the Superior Court of Los Angeles County. Jill T. Feeney, Judge. Affirmed. Lipeles Law Group, Kevin A. Lipeles, Thomas Schelly, and Jasmine J. Badawi for Plaintiff and Appellant. Pollak, Vida, & Barer, Daniel P. Barer, Anna L. Birenbaum; Reback, McAndrews & Blessey, and Robert C. Reback for Defendants and Respondents. _____________________________

Andrew Walla appeals from the trial court’s order continuing the trial date to allow the County of Los Angeles, erroneously sued as Olive View UCLA Medical Center, to file a motion for summary judgment. However, the record on appeal does not include the trial court’s order or any moving papers related to both the trial continuance and summary judgment motion. We affirm because we have no basis for meaningful appellate review. FACTUAL AND PROCEDURAL BACKGROUND The record in this case is incomplete. Therefore, we have no basis to understand the underlying facts and procedural history in this case. Nonetheless, we set out some facts in the record and some assertions Walla makes in his briefs to provide some factual context. On August 11, 2021, Walla filed a third amended complaint against Olive View UCLA Medical Center, the County of Los Angeles (the County), and other defendants for negligence, negligent infliction of emotional distress, and medical negligence. Walla alleged that he sustained injuries after medical staff assaulted him when he was placed on a voluntary 72-hour hold. On March 7, 2022, the County filed an answer to the third amended complaint. The County stated it was erroneously sued as Olive View UCLA Medical Center and asserted affirmative defenses. According to Walla’s opening brief, on September 30, 2022, the County filed a motion for summary judgment with a January 3, 2023 hearing date, two months after the scheduled trial date. The same brief asserts that the County applied ex parte to continue the trial date so that its motion for summary judgment could be timely heard. According to Walla’s brief,