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McCormick-Gordon v. Cedars-Sinai Medical Center RB

McCormick-Gordon v. Cedars-Sinai Medical Center RB

McCormick-Gordon v. Cedars-Sinai Medical Center RB

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Accordingly, the Court must first decide whether the trial COUlt<br />

abused its discretion in determining that Dr. Rifkin's opinions were<br />

inadmissible. The COUlt must then analyze the summary judgment on the<br />

basis of whatever evidence remains.<br />

Although the record reveals that the trial court issued multiple orders<br />

reflecting different grounds for granting summary judgment, it is immaterial<br />

what grounds the trial COUlt actually relied upon, because a reviewing COUlt<br />

"must affirm so long as any ofthe grounds urged by [the moving patty],<br />

either here or in the trial court, entitles it to summary judgment." (Western<br />

Mutual Ins. Co. v. Yamamoto (1994) 29 Cal.App.4th 1474, 1481~<br />

Transamerica Ins. Co. v. Tab Transportation, Inc. (1995) 12 Cal.4th 389,<br />

399, fn. 4 ["[A] ruling or decision, itself correct in law, will not be<br />

disturbed on appeal merely because given for a wrong reason. Ifright upon<br />

any theory of the law applicable to the case, it must be sustained regardless<br />

of the considerations which may have moved the trial COUlt to its<br />

conclusion"], quoting Davey v. Southern Pacific Co. (1897) 116 Cal. 325,<br />

329.) This principle applies with equal force to the situation hereevidentiary<br />

rulings govemed by the abuse-of-discretion standard. (In re<br />

Marriage ofBurgess (1996) 13 Cal.4th 25, 32 [discretionary custody ruling<br />

affirmed if correct on any ground]; Philip Chang & Sons Associates v. La<br />

Casa Novato (1986) 177 Cal.App.3d 159, 173 [exclusion of evidence<br />

affirmed even if objection granted was incorrect because correct objection<br />

existed].)<br />

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