Stephens v. Alta Bates Summit Medical Center CA1/2
A138244
Cal. Ct. App.Oct 5, 2015Background
- Corine Davis died in 2007 while a patient at Alta Bates Summit Medical Center; her children (plaintiffs) sued for medical negligence and wrongful death in 2008.
- Plaintiffs, initially represented by counsel, later proceeded in propria persona after counsel was relieved; they filed multiple proposed amended complaints which the trial court denied as not "ordinary and concise" under CCP §425.10.
- Defendants moved for summary judgment; the court granted summary judgment as to Etheredge but denied it as to Bry and Landau. Trial proceeded against Bry, Donovan, and the hospital; after nine days the jury returned a unanimous defense verdict.
- Post-judgment defendants sought costs (including $1,500 paid to plaintiffs’ expert for a deposition); plaintiffs moved to tax costs and for other relief, which the court denied.
- Plaintiffs appealed, listed multiple trial-court orders, but largely proceeded without a reporter’s transcript (attempting to use a settled statement that was rejected), limiting appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trial court denial of leave to amend complaint | Plaintiffs argue amended complaints narrowed and specified negligence theories; denial prejudiced ability to prove case | Court should enforce pleading rules; proposed pleadings were not concise and used excessive, technical detail | Denial affirmed — court did not abuse discretion under CCP §425.10 and CCP §473; plaintiffs showed no prejudice |
| Alleged ineffective trial counsel | Plaintiffs claim counsel’s omissions and tactics denied fair trial and warranted mistrial/reversal | Tactical decisions bind the client; no civil constitutional right to effective counsel sufficient for reversal | Denied — no basis to reverse verdict for attorney performance; remedy against attorney, not for retrial |
| Juror misconduct (juror said she "felt sorry" for a defendant) | Plaintiffs contend misconduct required mistrial | No declarations or record of the remark; plaintiffs’ counsel did not move for mistrial at trial | Waived and unreviewable — inadequate record and failure to object/present timely motion |
| Challenges to trial evidence, instructions, and sufficiency of verdict | Plaintiffs claim insufficient evidence, erroneous instructions, improper expert testimony | Defendants rely on trial record and presumption of correctness absent transcript | Affirmed — plaintiffs proceeded without reporter’s transcript/settled statement so errors are presumed unshown; appellate review precluded |
| Motion to tax costs (including expert deposition fee) | Plaintiffs assert improper or collusive payment to plaintiffs’ expert and seek taxing of costs | Deposition fees are payable under CCP §2034.450 when party takes expert deposition; inclusion of fee was proper; plaintiffs’ complaints about their own counsel’s fees are irrelevant | Affirmed — court properly denied motion to tax costs; expert deposition fee allowable and inclusion not shown unreasonable |
Key Cases Cited
- Thompson Pacific Construction, Inc. v. City of Sunnyvale, 155 Cal.App.4th 525 (liberal construction of leave to amend; abuse-of-discretion standard)
- Ballard v. Uribe, 41 Cal.3d 564 (appellant must provide adequate record to show reversible error)
- Kim v. Orellana, 145 Cal.App.3d 1024 (no civil constitutional right to effective counsel equivalent to criminal cases)
- Estate of Fain, 75 Cal.App.4th 973 (errors in evidentiary rulings are presumed correct when no reporter’s transcript is provided)
- Seeley v. Seymour, 190 Cal.App.3d 844 (notice of appeal signature may be validly signed by person authorized to act for appellant)