Deng v. El Camino Hospital CA6
Plaintiff Zejin Deng challenges the trial court’s decision to dismiss with prejudice his wrongful death action against defendants El Camino Hospital, J. Todd Engelhardt, and Aaron Gladman related to the death of plaintiff’s sister, decedent Cuilan Deng. Her death allegedly resulted from her treatment at El Camino Hospital by doctors Engelhardt and Gladman. The action was abated in the trial court at defendants’ request because plaintiff had not served two siblings who, as decedent’s only other heirs, were necessary parties. Over a year after the action was abated (and four years after the action commenced) the trial court granted defendants’ motions to dismiss, reasoning that plaintiff had failed to diligently prosecute the action because he had yet to effectuate service of the summons and complaint on one of the heirs. Finding no abuse of discretion in the trial court’s decision, we will affirm the judgment of dismissal.
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