Bieber v. Ha
Appellant Milton Bieber sued Robert T. Ha for medical malpractice in connection with Ha’s diagnosis and treatment of his prostate cancer. Bieber alleges that Ha failed to adequately monitor his blood tests and perform a rectal exam, which caused his cancer to spread. Ha filed a motion for summary judgment supported by an expert declaration that he met the standard of care. Bieber’s opposition was not supported by an expert declaration or a separate statement of disputed facts. The trial court granted the motion. Bieber appeals from the judgment following the order granting summary judgment, claiming it was error for the trial court to grant the motion based on his failure to hire an expert.
During the pendency of this appeal, Ha moved for a determination that Bieber is a vexatious litigant under Code of Civil Procedure section 391, subdivision (b). Ha seeks (1) an order declaring Bieber to be a vexatious litigant; (2) if Bieber is found to be a vexatious litigant, an order requiring him to show the appeal has merit before it can continue; and (3) a prefiling order prohibiting Bieber from filing any new litigation without first obtaining permission.
We affirm the judgment. We also find Bieber is a vexatious litigant and issue a prefiling order. We deny as moot Ha’s request that Bieber show the appeal has merit.
Comments on Bieber v. Ha