(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) PLAINTIFFS’ TRAIL BRIEF Plaintiffs William White and Joan White submit the following trial brief in the above entitled matter. PARTIES Plaintiffs: William…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) Request For Sanctions California Code of Civil procedure Section 2023 provides for monetary sanctions where there is a failure to respond to…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) University’s Assertion Of Boilerplate Objections Is Without Basis In Greg Mannino v. Superior Court (1983) 142 Cal.App.3d 776, petitioner filed a personal…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) In the instant matter, plaintiffs are entitled to an order compelling University to further respond to plaintiffs’ Special Interrogatories, Numbers One through…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) LEGAL ARGUMENT Plaintiffs Are Entitled to an Order Compelling Responses To Special Interrogatories Code of Civil Procedure section 2030(f) requires that a…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) Contrary to defendant’s objection as stated in their Special Interrogatory Responses, these individuals were not identified in the medical records in the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) Memorandum of Points and Authorities in Support of Plaintiffs’ Motion to Compel Answers to Special Interrogatories, and for Monetary Sanctions INTRODUCTION This…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/medical malpractice case and its proceedings.) To meet this burden of proof, the defendant must show that either one or more elements of the cause of action cannot…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/medical malpractice case and its proceedings.) THE MOVING PARTY HAS THE BURDEN OF PERSUASION A party who seeks an court’s action in his or her favor bears the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/medical malpractice case and its proceedings.) PLAINTIFF HAS PRESENTED HIS EXPERT DECLARATION WHICH DISPUTES THE DEFENDANT’S EXPERT’S CONCLUSIONS – AND THIS DISPUTE REQUIRES DENIAL OF THE SUMMARY JUDGMENT…