Clayborn v. Marmureanu CA2/2
B337156
| Cal. Ct. App. | Jun 27, 2025Background
- Kimberly Clayborn sued Dr. Alexander Marmureanu for medical malpractice in Los Angeles County.
- The trial court granted Dr. Marmureanu's motion for summary judgment, finding Clayborn failed to present admissible evidence.
- Clayborn appealed, arguing she asserted and proved her claims, but did not provide an adequate record for appellate review.
- Clayborn failed to designate necessary documents for the appellate clerk's transcript, including the complaint, summary judgment motion, opposition, and supporting evidence.
- The trial court had excluded Clayborn’s expert witness declaration as inadmissible due to qualification and foundational issues; this left no evidence to support the malpractice claim.
- The court of appeal concluded it must presume the trial court’s judgment was correct due to the inadequate record and affirmed the judgment for Dr. Marmureanu.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of evidentiary record | Clayborn asserted claims are proven | Record lacks admissible evidence | Record inadequate; presume trial court correct |
| Admissibility of expert declaration | Expert's opinion supports liability | Expert unqualified/foundation lacking | Decl. inadmissible, summary judgment proper |
| Appellant's burden on appeal | No specific argument cited | Appellant's duty to provide full record | Affirmed: appellant must show error with record |
| Reliance on pleadings versus evidence | Citations to complaint/support suffice | Only admissible evidence counts | Cannot rely on pleadings to oppose summary judgment |
Key Cases Cited
- Shin v. Ahn, 42 Cal.4th 482 (Cal. 2007) (De novo review for summary judgment, court must determine existence of triable material facts)
- Null v. City of Los Angeles, 206 Cal.App.3d 1528 (Cal. Ct. App. 1988) (Appellant must provide adequate record; judgment presumed correct if record silent)
- Maria P. v. Riles, 43 Cal.3d 1281 (Cal. 1987) (Failure to provide record requires appellate court to resolve against appellant)
- Avivi v. Centro Medico Urgente Medical Center, 159 Cal.App.4th 463 (Cal. Ct. App. 2008) (Expert testimony required to establish and breach medical standard of care)
- Massey v. Mercy Medical Center Redding, 180 Cal.App.4th 690 (Cal. Ct. App. 2009) (Summary judgment proper if unopposed declaration establishes standard of care was met)