Opinion

Ghobrial v. Long Beach Memorial Medical Center CA2/3

Court
California Court of Appeal
Filed
Apr 9, 2026
Status
Unpublished
Cited by
0 cases
Authority
More cited than 40.1%

The opinion

Filed 4/9/26 Ghobrial v. Long Beach Memorial Medical Center CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for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.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

GERGIS R. GHOBRIAL, B340397

Plaintiff and Appellant, (Los Angeles County

Super. Ct. No. 20STCV42444)

v.

LONG BEACH MEMORIAL

MEDICAL CENTER, et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of

Los Angeles County, Lynne M. Hobbs, Judge. Affirmed.

Gergis R. Ghobrial, in pro. per., for Plaintiff and Appellant.

Gordon Rees Scully Mansukhani, Debra Ellwood Meppen,

Raymond Gill, and Darryl C. Hottinger for Defendant and

Respondent Lynnette A. Scherer.

Godes & Preis, Joseph M. Preis, and Oliver B. Dreger for

Defendants and Respondents Ikenna Mmeje and Long Beach

Memorial Medical Center.

‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

This appeal is one of several filed by Dr. Gergis Ghobrial

against his former employer and related parties. The present

appeal concerns Ghobrial’s claims against two individuals,

Dr. Lynette Scherer and Dr. Ikenna Mmeje. As to these

individuals, Ghobrial contends the trial court erred by

(1) denying his application to consider his motion for leave to file

a fifth amended complaint concurrently with demurrers to the

fourth amended complaint, (2) denying him an adequate

opportunity to be heard at a June 24, 20241 hearing, (3) denying

his motion for leave to file a fifth amended complaint to add

causes of action against Mmeje, (4) denying his motion for leave

to file a fifth amended complaint to add causes of action against

Scherer, (5) denying his motion to compel Scherer to serve

further responses to a request for production of documents,

(6) denying his motion to compel Scherer to serve further

responses to requests for admissions, (7) granting a motion for a

protective order limiting the scope of Ghobrial’s deposition of

Mmeje, (8) sustaining Scherer’s demurrer to the fourth amended

complaint without leave to amend, and (9) sustaining Scherer’s

demurrer without leave to amend to a cause of action for

retaliation alleged in the second amended complaint.

1 All further date references are to 2024 until otherwise

indicated.

2

As we discuss, Ghobrial’s notice of appeal identified just

one order from which appeal was taken: a June 24 order2 that

denied Ghobrial’s motion to file a fifth amended complaint and

denied Ghobrial’s motion to compel Scherer to serve further

responses to a request for production of documents. Only the

June 24 order is properly before us, and thus we will not address

on the merits Ghobrial’s challenges to prior orders. With regard

to the June 24 order, we perceive no abuse of discretion, and thus

we affirm in full.

FACTUAL AND PROCEDURAL BACKGROUND

I. Facts relevant to Scherer.

A. Complaints; demurrers; dismissal of Scherer

from the action.

Ghobrial, a trauma surgeon, initiated this action in

November 2020 against several medical groups and health care

providers alleging discrimination based on age and national

origin and retaliation for reporting safety concerns. In October

2021, Ghobrial filed a second amended complaint and, sometime

thereafter, he substituted Scherer, the chief executive officer of

2 Ghobrial’s notice of appeal stated that appeal was taken

from an order after judgment entered “June 28, 2024.” No order

was entered on June 28, but notice of entry of the June 24 order

was served and filed on June 28. We therefore construe the

notice of appeal to be from the June 24 order. (See Cal. Rules of

Court, rule 8.100(a)(2) [notice of appeal “must be liberally

construed”]; K.J. v. Los Angeles Unified School Dist. (2020)

8 Cal.5th 875, 882 [same].)

3

defendants Surgical Affiliates Management Group, Inc. and

Acute Care Surgery Medical Group, Inc., for a Doe defendant.3

Scherer demurred to the three causes of action alleged

against her in the second amended complaint—(1) retaliation in

violation of Health and Safety Code section 1278.5,

(2) harassment based on national origin, and (3) intentional

infliction of emotional distress. The trial court sustained

Scherer’s demurrer without leave to amend as to the retaliation

claim, and with leave to amend as to the claims for harassment

and intentional infliction of emotional distress.

Ghobrial filed a third amended complaint in June 2023,

realleging causes of action against Scherer for harassment and

intentional infliction of emotional distress. In October 2023, the

trial court sustained Scherer’s demurrer with leave to amend.

Ghobrial filed a fourth amended complaint in

November 2023, realleging causes of action against Scherer for

harassment and intentional infliction of emotional distress, and

alleging a new claim for retaliation in violation of Labor Code

section 1102.5. Scherer filed a demurrer in December 2023,

which the trial court sustained without leave to amend on

March 8. The court found that the complaint failed to allege

harassment or outrageous conduct by Scherer, and failed to

allege a causal relationship between Ghobrial’s complaints of

workplace wrongdoing and any action taken by Scherer

individually. The court further noted that the fourth amended

complaint was Ghobrial’s “third attempt to plead claims against

Scherer in her personal capacity, the third demurrer to such

3 Neither the initial complaint nor the Doe amendment

appear in the appellate record.

4

attempts, and the second attempt to plead retaliation.” The court

thus concluded that no further amendments were warranted.

The trial court entered a dismissal order as to Scherer on

March 28. The court served notice of the dismissal order the

following day.

B. Ghobrial’s motions to file a fifth amended

complaint and to compel further discovery

responses.

1. Motion to file a fifth amended complaint.

In January 2024—after Scherer filed a demurrer to the

fourth amended complaint, but before the hearing on the

demurrer—Ghobrial filed a motion for leave to file a fifth

amended complaint. The proposed fifth amended complaint

added new causes of action against Scherer and others for breach

of contract, breach of the implied covenant of good faith and fair

dealing, and fraud in the inducement, and it named Scherer in

the fourth cause of action for wrongful termination.

On April 4, about a week after she was dismissed from the

action, Scherer filed an opposition to the motion, urging that

Ghobrial should not be allowed to “drag her back in as an

individual defendant.” Scherer also urged that Ghobrial’s long

delay in asserting the three new causes of action was unjustified

and the proposed claims lacked merit.

2. Motion to compel further discovery

responses from Scherer.

On March 26, several weeks after the trial court sustained

Scherer’s demurrer without leave to amend, Ghobrial filed a

motion to compel Scherer to serve further responses to his

request for production of documents. Scherer opposed the

5

motion, noting that she had been dismissed from the action and

thus the motion was moot. Scherer’s counsel represented

Ghobrial had refused his request to take the motion off calendar.

Counsel therefore requested sanctions in the amount of $1,625,

representing five hours of legal work at counsel’s billing rate of

$325 per hour.

3. June 24 order.

On June 24, the trial court entered an order (1) denying

Ghobrial’s motion for leave to file a fifth amended complaint,

(2) denying Ghobrial’s motion to compel further discovery

responses from Scherer, and (3) granting Scherer’s request for

sanctions of $1,625. As to the proposed fifth amended complaint,

the court found that leave to amend was not proper because none

of the proposed causes of action had merit. Specifically, the court

found Scherer could not be liable for wrongful termination

because she was not alleged to be Ghobrial’s employer; Ghobrial’s

contract claims against Scherer failed because Scherer signed the

relevant contract in a representative capacity only; Ghobrial

failed to allege any breach of the contract at issue; and Ghobrial

failed to plead fraud with particularity.

As to the motion to compel further discovery responses, the

court concluded that the motion was defective because Scherer

had been dismissed from the case and thus was no longer subject

to party discovery. The court explained: “On March 8, 2024, this

court sustained Scherer’s demurrer without leave to amend as to

the second, third, and fifth causes of action, respectively for

Labor Code § 1102.5 retaliation, FEHA harassment, and

intentional infliction of emotional distress—i.e., the only claims

alleged against Scherer personally. A judgment of dismissal was

entered for Scherer on March 29, 2024. And because requests for

6

production as [Ghobrial] seeks to compel here are instruments of

discovery against another party to the action . . . , no further

responses may be compelled from Scherer, who has been

dismissed therefrom.”

Finally, as to Scherer’s request for sanctions, the court

noted that the Code of Civil Procedure4 provides for the

imposition of sanctions against a party who unsuccessfully makes

or opposes a motion to compel discovery without substantial

justification. The court found such substantial justification

lacking, and it awarded Scherer sanctions of $1,625, representing

five hours of attorney work at $325 per hour.

On August 19, 2024, Ghobrial filed a notice of appeal from

the June 24, 2024 order.

II. Facts relevant to Mmeje.

A. Deposition subpoena; motion for protective

order.

Mmeje was the chief operating officer (COO) of defendant

Long Beach Memorial Medical Center (Long Beach Memorial).

When Ghobrial filed a complaint with the Department of Fair

Employment and Housing (DFEH) in October 2020, he identified

Mmeje as a “hospital administrator[ ] or physician supervisor[ ]”

who “aided, conspired or colluded in unlawful harassment,

discrimination, and retaliation” against Ghobrial. However,

Ghobrial did not name Mmeje as a defendant in the original or

amended complaints.

4 All subsequent undesignated statutory references are to

the Code of Civil Procedure.

7

In September 2023, Ghobrial served Mmeje with a

deposition subpoena. Long Beach Memorial and Mmeje filed a

motion for a protective order seeking to limit the topics on which

Ghobrial could examine Mmeje. The trial court granted the

motion on December 7, 2023, ordering the parties to meet and

confer to choose a mutually convenient date for Mmeje’s

deposition and identifying specific topics on which Mmeje could

be deposed.

B. Doe amendment; Mmeje’s motion to quash

service of summons.

While Mmeje’s motion for a protective order was pending,

Ghobrial filed and served an amendment to the fourth amended

complaint substituting Mmeje for a Doe defendant. Mmeje filed a

motion to quash service of the summons and to strike the Doe

amendment, urging that the amendment was procedurally

improper because Ghobrial had not obtained court permission to

file it and, in any event, it was substantively defective because

Mmeje had been known to Ghobrial since at least November

2020.

On January 4, while Mmeje’s motion to quash was pending,

Ghobrial filed a motion for leave to file a fifth amended complaint

adding Mmeje as a defendant. Mmeje opposed the motion.

On March 8, the trial court granted Mmeje’s motion to

quash service of the summons and to strike the Doe amendment.

The court explained: “From the first iteration of the complaint,

Mmeje (the COO of Defendant Long Beach Memorial Medical

Center) was listed as one of the final persons to whom Plaintiff

made his complaints before his termination. Plaintiff accordingly

suspected Mmeje’s involvement from the outset of this case, going

so far as to list him among the individual wrongdoers in his

8

DFEH complaint. Plaintiff offers no explanation for his inclusion

in the DFEH charge, or the delay that followed, to the point of

extending beyond all applicable limitations period. Mmeje’s

addition to this case therefore comes too late.”

Subsequently, on June 24, the trial court denied Ghobrial’s

motion for leave to file a fifth amended complaint alleging claims

against Mmeje. The court noted that Ghobrial had previously

substituted Mmeje for a Doe defendant, and the court had

granted Mmeje’s motion to quash on March 8. Accordingly,

“allowing [Mmeje’s] reentry into this case upon theories already

presented in [Ghobrial’s] opposition to the motion to quash would

be futile.” On August 6, the trial court entered an order

dismissing Mmeje without prejudice.

DISCUSSION

I. Ghobrial’s appeal as to Scherer.

As noted above, Ghobrial asserts seven claims of error as to

Scherer. Three of these claims concern the June 24 order from

which Ghobrial appealed. The remaining claims concern prior

orders—namely, an order sustaining Scherer’s demurrer without

leave to amend to a cause of action alleged in the second amended

complaint (May 10, 2023); an order denying Ghobrial’s motion to

compel Scherer to serve further responses to requests for

admissions (November 14, 2023); orders continuing the hearing

on Ghobrial’s motion for leave to file a fifth amended complaint

and denying Ghobrial’s request to hear that motion concurrently

with demurrers to the fourth amended complaint (January 16

and February 9); and an order sustaining Scherer’s demurrer

without leave to amend to the fourth amended complaint

(March 8).

9

Ghobrial’s claims of error relating to the orders entered

prior to June 24 are not properly before us. “The right to appeal

in California is ‘entirely statutory and subject to complete

legislative control.’ ” (Meinhardt v. City of Sunnyvale (2024)

16 Cal.5th 643, 651 (Meinhardt).) Pursuant to statute, an appeal

may be taken from a final “judgment” (§ 904.1, subd. (a)) or from

a written dismissal order signed by the court and filed in the

action (§ 581d). An appeal also may be taken from “an order

made after a[n] [appealable] judgment.” (§ 904.1, subd. (a)(2).)

Most prejudgment orders are not separately appealable, but are

reviewable as part of an appeal from a final judgment if they

“involve[ ] the merits or necessarily affect[ ] the judgment or

order appealed from or . . . substantially affect[ ] the rights of a

party.” (§ 906; see also Deck v. Developers Investment Co., Inc.

(2023) 89 Cal.App.5th 808, 825 [discovery orders]; Hamilton v.

Green (2023) 98 Cal.App.5th 417, 422 [order sustaining

demurrer]; Hill v. City of Long Beach (1995) 33 Cal.App.4th 1684,

1695 [same].)

As to Scherer, the trial court’s March 28 dismissal order—

which was in writing, signed by the court, and entered in the

action—constituted an appealable final judgment. (§§ 904.1,

subd. (a)(1), 581d).) Therefore, as to Scherer, the June 24 order

was “an order made after a[n] [appealable] judgment” (§ 904.1,

subd. (a)(2)), and also was appealable.

The orders entered before March 28 that sustained

demurrers to the second and fourth amended complaints, denied

a request for further discovery responses, and denied Ghobrial’s

request to consolidate motions for hearing were not separately

appealable, but could have been reviewed as part of an appeal

from the March 28 dismissal order. However, Ghobrial did not

10

appeal from the March 28 order, and thus he forfeited the right to

review of the prejudgment orders. (See Meinhardt, supra,

16 Cal.5th at p. 653 [if orders are not statutorily appealable, “an

appeal must therefore be taken from a ‘judgment’ before the trial

court’s decision may be reviewed”]; In re Baycol Cases I & II

(2011) 51 Cal.4th 751, 761, fn. 8 [California “follows a ‘one shot’

rule under which, if an order is appealable, appeal must be taken

or the right to appellate review is forfeited”].)

For the foregoing reasons, we lack jurisdiction to consider

on the merits Ghobrial’s challenges to the orders entered before

March 28. We therefore will limit our review as to Scherer to the

June 24 order, and specifically to Ghobrial’s contentions that the

trial court abused its discretion by (1) failing to provide a written

tentative and giving him only five minutes to argue at the

June 24 hearing, (2) denying his motion to file a fifth amended

complaint, and (3) denying his motion to compel further

responses to his request for production of documents and

awarding Scherer sanctions.

A. The trial court did not violate Ghobrial’s due

process rights at the June 24 hearing.

Ghobrial asserts that the trial court violated his due

process rights by failing to issue a written tentative decision and

giving him only five minutes to argue at the June 24 hearing.

The contentions lack merit.

“It is well established, in California and elsewhere, that a

court has both the inherent authority and responsibility to fairly

and efficiently administer all of the judicial proceedings that are

pending before it, and that one important element of a court’s

inherent judicial authority in this regard is ‘the power . . . to

control the disposition of the causes on its docket with economy of

11

time and effort for itself, for counsel, and for litigants.’ ” (People

v. Engram (2010) 50 Cal.4th 1131, 1146; see also California

Crane School, Inc. v. National Com. for Certification of Crane

Operators (2014) 226 Cal.App.4th 12, 22.) Pursuant to its

inherent authority, trial courts “retain extensive discretion

regarding how the hearing is to be conducted, including imposing

time limits and adopting tentative ruling procedures . . . .”

(Mediterranean Construction Co. v. State Farm Fire & Casualty

Co. (1998) 66 Cal.App.4th 257, 265).) We review the trial court’s

exercise of its authority for an abuse of discretion. (California

Crane, at p. 22.)

The California Rules of Court provide that judges are “not

require[d] . . . to issue tentative rulings.” (Cal. Rules of Court,

rule 3.1308(e).) If a court elects to issue a tentative ruling, it may

do so—as the trial court did in this case—by “announcing the

tentative ruling at the time of oral argument.” (Id.,

rule 3.1308(b)(2).) The trial court thus did not abuse its

discretion by giving an oral tentative, rather than a written one.

(See Karnazes v. Ares (2016) 244 Cal.App.4th 344, 356 [no error

in failing to provide appellant with a written tentative prior to a

motion hearing].)

The trial court also did not abuse its discretion by limiting

Ghobrial’s time to argue at the June 24 hearing, but placing “[n]o

similar limit” on defendants. In fact, the court gave Ghobrial five

minutes to argue and told defendants’ attorneys that it “[didn’t]

believe that the court needs to hear from you at this time.” After

Ghobrial presented his argument, the court allowed defendants’

attorney a very brief response before ruling. Indeed, it is clear

from the reporter’s transcript that defendants’ counsel spoke for

less time than Ghobrial did. Although a court may not refuse

12

entirely to hear oral argument, it “has substantial discretion to

impose reasonable limitations, including to limit the time and

subject matter of the argument.” (Brannon v. Superior Court

(2004) 114 Cal.App.4th 1203, 1211.) We perceive no abuse of

discretion in the trial court’s imposition of time limits in this

case.

B. The trial court did not err by denying

Ghobrial’s motion to file a fifth amended

complaint adding new causes of action against

Scherer.

Ghobrial contends the trial court abused its discretion by

denying his motion to file a fifth amended complaint adding new

claims against Scherer. He urges that California has a liberal

amendment policy to ensure that cases are decided on their

merits, and his fifth amended complaint adequately alleged

claims against Scherer for wrongful termination, breach of

contract, breach of the implied covenant of good faith and fair

dealing, and fraud. He further asserts that the amendment did

not prejudice Scherer, and thus “ ‘the liberal rule of allowing

amendments prevails.’ ”

Section 473 gives trial courts discretion to allow a party to

amend his pleading “ ‘in furtherance of justice.’ ” (See Garcia v.

Roberts (2009) 173 Cal.App.4th 900, 909.) “ ‘Leave to amend a

complaint is thus entrusted to the sound discretion of the trial

court. “. . . The exercise of that discretion will not be disturbed on

appeal absent a clear showing of abuse. More importantly, the

discretion to be exercised is that of the trial court, not that of the

reviewing court. Thus, even if the reviewing court might have

ruled otherwise in the first instance, the trial court’s order will

yet not be reversed unless, as a matter of law, it is not supported

13

by the record.” ’ ” (Branick v. Downey Savings & Loan Assn.

(2006) 39 Cal.4th 235, 242.)

“Generally, once judgment has been rendered, a plaintiff

cannot amend a complaint unless the judgment is first vacated or

a motion for a new trial is granted (Young v. Berry Equipment

Rentals, Inc. (1976) 55 Cal.App.3d 35, 38; 5 Witkin, Cal.

Procedure (3d ed. 1985) Pleading, § 1135, p. 550.)” (M.B. v. City

of San Diego (1991) 233 Cal.App.3d 699, 707; see also Young v.

Berry Equipment Rentals, Inc., at p. 38 [amendments proffered

after judgment is rendered “are allowed only if the judgment is

vacated as by granting a motion for new trial”]; La Forge v.

Groendyke (1952) 108 Cal.App.2d 522, 525 [“Ordinarily

amendments after judgment are allowed only on an application

for relief, and after the judgment has been vacated”].) Thus,

unless a previously entered judgment has been set aside by the

rendering court or on appeal, amendment of the underlying

complaint “is unavailable.” (M.B. v. City of San Diego, at p. 707.)

As noted above, the March 28 dismissal order constituted

an appealable final judgment as to Scherer. (§§ 904.1,

subd. (a)(1), 581d).) Accordingly, the complaint could have been

amended to add new claims against Scherer only if Ghobrial had

either appealed from the March 28 order and succeeded in having

it reversed, or had successfully sought to have the March 28 order

set aside in the trial court. Neither happened here. The order

denying Ghobrial’s motion to file a fifth amended complaint as to

Scherer therefore manifestly was not an abuse of discretion.

Ghobrial asserts that the order denying him leave to amend

violates California’s policy “favoring liberal amendment of

pleadings at any stage of litigation to ensure that cases are

decided on their merits.” But the policy of liberal amendment

14

does not control where, as here, it conflicts with competing

concerns of repose. (See Engel v. Pech (2023) 95 Cal.App.5th

1227, 1238 [balancing “public policy favor[ing] liberal amendment

of pleadings in order to effectuate the resolution of lawsuits on

their merits” against competing policy “favor[ing] finality and

repose once a limitations period for a particular potential liability

has passed”]; Cano v. Glover (2006) 143 Cal.App.4th 326, 330

[“After four unsuccessful attempts to state a cause of action

against him, defendant should have repose”].) The trial court did

not err in so concluding.

C. The trial court did not err by denying

Ghobrial’s motion to compel Scherer’s further

discovery responses and imposing sanctions.

Ghobrial contends that the trial court erred by denying his

motion to compel Scherer’s further responses to his request for

production of documents and imposing monetary sanctions. The

contention lacks merit.

“ ‘ “[T]he standard of review for a discovery order is abuse

of discretion, because management of discovery lies within the

sound discretion of the trial court.” ’ (Gonzales v. Superior Court

(2024) 108 Cal.App.5th.Supp. 36, 55.)” (People v. Superior Court

(Lalo) (2025) 114 Cal.App.5th 707, 711.) Our review of discovery

sanctions is also for an abuse of discretion. (Atlas v. Davidyan

(2025) 113 Cal.App.5th 1086, 1095.)

Section 2031.010 permits a party to demand “that any other

party produce and permit the party making the demand, or

someone acting on the demanding party’s behalf, to inspect and

to copy a document that is in the possession, custody, or control of

the party on whom the demand is made.” (Italics added.)

Pursuant to the statute’s plain language, therefore, a

15

section 2031.010 demand “may be made only between parties to

the action.” (Zerne et al., Cal. Practice Guide: Personal Injury

(The Rutter Group 2025) ¶ 6:269.) Section 2031.010 may not be

used to demand production of documents by nonparties, from

whom documents may be obtained only by subpoena. (Zerne,

supra, ¶ 6:270; see also § 2020.020, subd. (b).)

In the present case, Ghobrial filed the motion to compel

Scherer to serve further responses to the request for production of

documents on March 26, two and a half weeks after the trial

court sustained Scherer’s demurrer without leave to amend. By

June 24, the date the trial court denied the motion to compel, the

trial court had entered a final dismissal order as to Scherer. The

trial court thus lacked discretion to grant the motion to compel

because Scherer was no longer a party to the action, and thus she

was not subject to party discovery.5

The trial court also did not abuse its discretion by awarding

Scherer sanctions.6 Section 2023.030, subdivision (a) provides for

the award of sanctions against a party who has misused the

5 Ghobrial suggests that Scherer took inconsistent positions

by “claim[ing] immunity from the court’s jurisdiction while

asking that same court to exercise its jurisdiction to impose

sanctions in her favor.” But as Scherer correctly notes, she never

claimed she was not subject to the court’s jurisdiction—she urged

only she was no longer subject to party discovery after she was

dismissed from the action.

6 Contrary to Ghobrial’s contention, the trial court did not

award sanctions “sua sponte.” As noted above, Scherer requested

sanctions in her opposition to Ghobrial’s motion to compel.

Ghobrial had an opportunity “to contest the amount [and] basis”

of the sanctions award in his reply brief.

16

discovery process or has unsuccessfully asserted that another has

engaged in the misuse of the discovery process. If a monetary

sanction is authorized under this section, the trial court “shall

impose that sanction unless it finds that the one subject to the

sanction acted with substantial justification or that other

circumstances make the imposition of the sanction unjust.”

(Ibid.) The sanctioned party bears the burden of establishing it

acted with substantial justification, or that other circumstances

make the sanctions unjust. (Rodriguez v. WNT, Inc. (2025)

116 Cal.App.5th 791, 810; Padron v. Watchtower Bible & Tract

Society of New York, Inc. (2017) 16 Cal.App.5th 1246, 1269.)

“ ‘Substantial justification means clearly reasonable justification

that is well grounded in both law and fact.’ ” (Rodriguez, at

p. 810.)

In the trial court, Ghobrial contended that Scherer was still

subject to party discovery because the trial court had not yet

ruled on his motion for leave to file a fifth amended complaint.

But as we have explained, once the trial court entered a

judgment of dismissal in Scherer’s favor, it lacked discretion to

permit Ghobrial to file additional claims against Scherer.

Scherer therefore was no longer a party to the action and was not

subject to party discovery. Ghobrial’s contrary contention was

not substantially justified, and thus the trial court did not abuse

its discretion in awarding sanctions against him.

II. Ghobrial’s appeal as to Mmeje.

Ghobrial’s opening brief asserts two claims of error as to

Mmeje—namely, that the trial court abused its discretion by

(1) denying Ghobrial’s motion to file a fifth amended complaint

adding Mmeje as a defendant, and (2) granting Mmeje’s motion

for a protective order. Mmeje urges that neither claim is

17

reviewable because the trial court has not yet entered a final

judgment as to him. Specifically, Mmeje contends that the only

order dismissing him from the litigation was without prejudice,

and thus it was not a “final and complete disposition of the entire

matter of controversy as to any potential, ‘renewed,’ ” claims

against Mmeje.

Although Mmeje is correct that the August 6 order

dismissing him was without prejudice, he errs in suggesting that

it therefore was not a final judgment. To the contrary, case law

is clear that an order dismissing an action without prejudice—if

unaccompanied by an agreement to toll the statute of

limitations—is an appealable final judgment. (See, e.g., Shehyn

v. Ventura County Public Works Agency (2025) 108 Cal.App.5th

1254, 1258 [“ ‘A voluntary dismissal, “unaccompanied by any

agreement for future litigation, does create sufficient finality as

to that cause of action so as to allow appeal from a judgment

disposing of the other counts” ’ ”]; Alaama v. Presbyterian

Intercommunity Hospital, Inc. (2019) 40 Cal.App.5th 55, 63

[same]; Van Buskirk v. Van Buskirk (2020) 53 Cal.App.5th 523,

530 [order granting a motion to quash and dismissing a case

without prejudice is appealable].)

In any event, Ghobrial’s right to appeal from the June 24

order did not depend on the subsequent entry of a dismissal

order. An order denying leave to amend is immediately

appealable if it eliminates all issues between a plaintiff and a

defendant. (Diliberti v. Stage Call Corp. (1992) 4 Cal.App.4th

1468, 1470, fn. 1 [order denying motion to amend to substitute

new plaintiff was appealable “because it effectively terminates

the action as to the ‘true’ plaintiff”]; Randle v. City and County of

San Francisco (1986) 186 Cal.App.3d 449, 454 [orders denying

18

leave to amend a complaint, “although ordinarily not appealable,

are appealable where the orders ‘have the effect of eliminating

issues between a plaintiff and defendant so that nothing is left to

be determined . . . .’ ”]; Ingram v. Superior Court (1979)

98 Cal.App.3d 483, 489 [order denying leave to amend is

appealable if it “ha[s] the effect of eliminating issues between a

plaintiff and defendant so that nothing is left to be determined”];

Dominguez v. City of Alhambra (1981) 118 Cal.App.3d 237, 241

[“Although ordinarily the denial of a motion for leave to file an

amended complaint is not an appealable order, there is an

exception . . . where the order was, in effect, a final determination

of” the rights between the parties].) In the present case, the

June 24 order denying Ghobrial’s request to add Mmeje as a

defendant was effectively a final determination as to Ghobrial’s

claims against Mmeje. It thus was appealable.

We reach a different conclusion as to the December 7, 2023

protective order limiting the scope of Ghobrial’s deposition of

Mmeje. There is no statutory provision permitting an appeal

from a discovery order (Tedesco v. White (2023) 96 Cal.App.5th

1090, 1097; Doe v. United States Swimming, Inc. (2011)

200 Cal.App.4th 1424, 1432), and while a court may review an

interim discovery order on appeal from a judgment if the order

“necessarily affects the judgment” (§ 906), there is no indication

here that the protective order affected the final order denying

Ghobrial’s motion to add Mmeje as a defendant. (See, e.g., Oiye

v. Fox (2012) 211 Cal.App.4th 1036, 1060 [declining to review on

the merits a discovery order unrelated to the merits of a separate

appealable order].) We therefore will limit our review as to

Mmeje to Ghobrial’s claim that the trial court erred by denying

his motion for leave to add Mmeje as a defendant.

19

Section 474 “allows a plaintiff who is ignorant of a

defendant’s identity to designate the defendant in a complaint by

a fictitious name (typically, as a ‘Doe’), and to amend the pleading

to state the defendant’s true name when the plaintiff

subsequently discovers it.” (McClatchy v. Coblentz, Patch, Duffy

& Bass, LLP (2016) 247 Cal.App.4th 368, 371 (McClatchy); Hahn

v. New York Air Brake LLC (2022) 77 Cal.App.5th 895, 897–898.)

If the statute’s requirements are met, the amendment relates

back and the substituted defendant is considered to have been a

party from the action’s start. (McClatchy, at p. 371; Hahn, at

pp. 897–898.)

Section 474 applies only when the plaintiff “is actually

ignorant of the facts establishing a cause of action against the

party to be substituted for a Doe defendant. [Citations.] ‘The

question is whether [the plaintiff] knew or reasonably should

have known that he had a cause of action against [the

defendant].’ ” (McClatchy, supra, 247 Cal.App.4th at pp. 371–

372; see also McOwen v. Grossman (2007) 153 Cal.App.4th 937,

943 [“If the identity of the Doe defendant is known but, at the

time of the filing of the complaint the plaintiff did not know facts

that would cause a reasonable person to believe that liability is

probable, the requirements of section 474 are met”].) We review

the trial court’s factual findings regarding the plaintiff’s

knowledge for substantial evidence. (San Diego Navy Broadway

Complex Coalition v. California Coastal Com. (2019)

40 Cal.App.5th 563, 579; Fuller v. Tucker (2000) 84 Cal.App.4th

1163, 1169.)

On appeal, Ghobrial asserts that the allegations concerning

Mmeje in the proposed fifth amended complaint were “based on

new information about Mmeje’s involvement that emerged during

20

Dr. Glenn Koh’s deposition on September 13, 2023.” Ghobrial

describes this information as “Mmeje’s personal involvement in

the discriminatory and retaliatory actions against [Ghobrial],

including that Mmeje personally directed [Ghobrial’s] removal

from the call panel, in effect made the final termination decision,

personally made negative comments about [Ghobrial], and

directed the retaliatory actions.” But Ghobrial does not explain

why the information previously known to him and alleged in his

October 2020 DFEH complaint did not give him reason to know

that he had a cause of action against Mmeje.7 He thus has failed

to demonstrate that the trial court erred. (See Benach v. County

of Los Angeles (2007) 149 Cal.App.4th 836, 852 [appellate review

limited to arguments supported by reasoned argument and

citations to legal authority]].)

7 Plaintiff’s DFEH complaint alleged that Mmeje “aided,

conspired or colluded in . . . unlawful harassment, discrimination

and retaliation of Plaintiff,” including by “sabotaging Plaintiff’s

medical practice by not allowing him to perform certain

procedures while allowing other less qualified physicians to

perform those same procedures; reprimanding Plaintiff based on

false information, falsifying Plaintiff’s medical notes, pressuring

him to sign contracts against his will, asking Plaintiff

impermissible non-job-related questions in [an] effort to

embarrass or insult him, undermining Plaintiff’s experience,

double booking Plaintiff for multiple surgeries and operations so

as to make it impossible for him to competently practice

medicine, denying him promotions and training while offering it

to other medical staff members, cutting Plaintiff’s shift hours as a

result of his complaint with the hospital medical practices and

patient care, and more.”

21

Ghobrial also asserts that the trial court abused its

discretion by “rel[ying] on its March 8, 2024 ruling regarding the

Fourth Amended Complaint without independently evaluating

the merits of the [fifth amended complaint].” Not so. The trial

court had already determined in connection with Mmeje’s motion

to quash that Mmeje could not be added as a Doe defendant. The

trial court was not required to revisit that determination in

connection with Ghobrial’s subsequent attempt to add Mmeje as

a defendant in the fifth amended complaint.

Finally, Ghobrial asserts the trial court abused its

discretion by providing a detailed rationale for its order only after

the hearing, thus denying Ghobrial an opportunity to address the

court’s concerns during oral argument. But Ghobrial cites no

authority for the proposition that the trial court was required to

give Ghobrial prior notice of the specifics of its order before

issuing it, and we are not aware of any such authority. The

contention, therefore, is forfeited. (Benach v. County of Los

Angeles, supra, 149 Cal.App.4th at p. 852.)

22

DISPOSITION

The June 24, 2024 order is affirmed. Defendants are

awarded their appellate costs.

NOT TO BE PUBLISHED IN THE OFFICIAL

REPORTS

EDMON, P. J.

We concur:

ADAMS, J.

HANASONO J.

23

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.