Shelton v. Lions Eye Inst. For Transplant and Research
Plaintiff Martha J. Shelton appeals the court's grant of summary judgment in favor of defendant Lions Eye Institute for Transplant and Research, Inc. (Lions), on her negligence claims relating to the transplant of an infected cornea in her eye. Plaintiff contends (1) her filing of a third amended complaint rendered moot Lions' motion for summary judgment on her second amended complaint; (2) the court abused its discretion by denying her motion for a continuance of the summary judgment hearing pursuant to Code of Civil Procedure section 437c, subdivision (h) (section 437c(h))[1]; and (3) the court erred by granting Lions' summary judgment motion. We conclude (1) the third amended complaint did not expand or change the scope of issues presented by the second amended complaint, and, in any event, plaintiff waived the asserted mootness of Lions' summary judgment motion by failing to raise it below; (2) plaintiff failed to make an adequate showing under section 437c(h) and therefore the court properly denied her continuance motion; and (3) the court properly granted summary judgment to Lions because no triable issue of material fact exists as to whether Lions met the relevant standard of care. Accordingly, we affirm the judgment.
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