Riches v. Sohn CA4/1

CourtCalifornia Court of Appeal
DecidedDecember 15, 2025
DocketD085173
StatusUnpublished

This text of Riches v. Sohn CA4/1 (Riches v. Sohn CA4/1) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riches v. Sohn CA4/1, (Cal. Ct. App. 2025).

Opinion

Filed 12/15/25 Riches v. Sohn CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

REBECCA LYNN RICHES, D085173

Plaintiff and Appellant,

v. (Super. Ct. No. RIC2002047)

JOHN S. SOHN,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Riverside County, Christopher B. Harmon, Judge. Affirmed. Don Lawson for Plaintiff and Appellant. LaFollette, Johnson, DeHaas, Fesler & Ames, Dennis K. Ames, Michael J. Doubet, Carly A. Valentine, and Robert J. Iacopino for Defendant and Respondent.

Rebecca Lynn Riches appeals the summary judgment in her medical malpractice action against John S. Sohn, M.D. She contends his motion for summary judgment did not address all theories of liability alleged in her complaint, the expert declaration on which he relied to show he neither breached the standard of care nor caused her alleged injuries was inadmissible, and the burden never shifted to her to show a triable issue of material fact. We reject these contentions and affirm the judgment. I. BACKGROUND A. Emergency Room Visit Riches arrived at the emergency room at San Gorgonio Memorial Hospital at 12:59 p.m. on February 11, 2019, with a complaint of abdominal pain that radiated to her left leg and back. She had a history of diabetes, hyperlipidemia, hypertension, and atrial fibrillation, and had taken anticoagulants in the past. Within 20 minutes of Riches’s arrival, the emergency room physician, Eugene S. Kim, M.D., examined Riches and noticed her left leg was cooler and paler than her right leg. He ordered a venous ultrasound of her left leg to evaluate for possible deep vein thrombosis and a computed tomography angiogram of the abdomen and pelvis to evaluate for possible aortic dissection. The ultrasound was performed at Riches’s bedside at 2:00 p.m., and she was taken for the angiogram at 3:00 p.m. and returned to the emergency room 20 minutes later. Sohn read the ultrasound, found no evidence of deep vein thrombosis, and reported his findings at 2:07 p.m. He read the angiogram, found no aortic aneurysm or dissection but did find complete occlusion of the left common iliac artery with distal reconstitution, and reported his findings at 3:24 p.m. At 4:00 p.m., Riches complained of chills and left leg pain. No blood pressure reading could be obtained in that leg at 4:15 p.m. By 6:26 p.m., Kim had started Riches on an anticoagulant, stabilized her condition, and

2 arranged her transfer to another hospital for surgery to remove the arterial occlusion. B. Pleadings Riches sued Sohn and others involved in the care and treatment she received at San Gorgonio Memorial Hospital for the arterial occlusion. In the operative pleading, Riches asserted a “CAUSE OF ACTION FOR MEDICAL NEGLIGENCE” in which she alleged Sohn: (1) “failed to meet the standard of care by inaccurately performing and reading diagnostic imaging”; (2) “failed to take or advise of need for further or additional diagnostic imaging”; (3) “failed to ascertain [her] condition by consulting the records or consulting the primary physician to determine needed imaging or procedure”; and (4) “fail[ed] to obtain informed consent for treat[ment] or absence of treatment.” Riches alleged Sohn’s failures and those of other defendants resulted in a delay in her transfer to the facility where she underwent surgery, and the delay caused her pain and suffering, permanent disability, medical bills, and lost earnings. Riches also asserted “Other Causes of Action” in which she alleged Sohn and the other defendants “mishandled medical records and information at intake to emergency department in violation of state and Federal statu[t]es and common law,” “showed reckless neglect in their interaction with [her] as defined in Welfare Code 15600 and following,” and “were in breach of written and implied contract relating to the services and care provided.” She prayed for general and special damages and costs of suit. Sohn demurred to the “Other Causes of Action” on grounds of uncertainty, failure to state facts sufficient to constitute a cause of action, and failure adequately to identify the contract at issue. (Code Civ. Proc.,

3 § 430.10, subds. (e)–(g).) The superior court sustained the demurrer without leave to amend. C. Motion for Summary Judgment Sohn later moved for summary judgment on Riches’s remaining “CAUSE OF ACTION FOR MEDICAL NEGLIGENCE.” (1 CT 235-236)! (Code Civ. Proc.,

§ 437c.) He argued there were no triable issues of material fact and he was entitled to judgment as a matter of law because he neither breached the standard of care nor proximately caused her any injury. (Id., subd. (c).) In an accompanying separate statement of undisputed material facts, Sohn asserted the cause of action for medical malpractice was “barred” because he acted within the standard of care and did not cause Riches any injury, and he referenced the evidence relied on to support those assertions. (Id., subd. (b)(1); Cal. Rules of Court, rule 3.1350(d).) Sohn supported the motion with copies of Riches’s medical records from San Gorgonio Memorial Hospital, which the custodian of records certified as authentic. He also submitted a declaration from John Lieu, M.D., a licensed physician who specializes in diagnostic radiology and, based on his education, training, and experience, was familiar with the standard of care required of a radiologist practicing in Southern California at the time of Riches’s emergency room visit. Lieu reviewed her medical records “from San Gorgonio Hospital, including the relevant imaging studies read by [Sohn],” and recounted in detail the pertinent events of the February 11, 2019 visit. He understood her claim to be that Sohn breached the standard of care because his “interpretation of the imaging studies missed pathology” and “led to a delay in [her] being transferred to another facility for further management of her arterial occlusion.” Based on his review of Riches’s medical records and his education, training, and experience, Lieu stated it was his opinion “to a

4 reasonable degree of medical probability that [Sohn’s] care and treatment of [Riches] was appropriate and within the standard of care.” Specifically, Lieu stated that Sohn correctly interpreted the imaging studies to rule out deep vein thrombosis and aortic dissection and to identify the occlusion in the left common iliac artery, and Sohn communicated his findings to Kim “in the usual manner. Once those findings were communicated, it was within the medical judgment of [Kim] how to manage those conditions and in what time frame based upon [Riches’s] clinical course.” Lieu stated there was no indication Sohn had any role in Riches’s care other than to review and to report on the venous ultrasound and computed tomography angiogram. In Lieu’s opinion, “[t]o a reasonable degree of medical probability, no act or omission by [Sohn] . . . was a substantial factor that caused or contributed to any injury suffered by [Riches], and the complications she suffered were “all within the realm of potential risks and complications of the disease process and treatment [she] received and which can and do occur in the absence of negligence.” Riches opposed the motion for summary judgment.

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