(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) In its next First Amendment pronouncement, in Keenan v. Superior Court (2002) 27 Cal 4th 413, 117 Cal.Rptr. 2d 1, our Supreme Court…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) IT IS APPROPRIATE FOR A PLAINTIFF TO INCLUDE A PRAYER FOR A SPECIFIC DOLLAR AMOUNT, AS WELL AS A PRAYER FOR PUNITIVE DAMAGES…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) PLAINTIFF HAS PLEADED EACH AND EVERY ELEMENT OF A CAUSE OF ACTION FOR WILFUL MISCONDUCT Defendants David X., M.D. and Doctors Medical Group…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) ARGUMENT IT IS WELL SETTLED THAT INCONSISTENT PLEADINGS ARE PERMITTED Defendants’ David X., M.D. and Doctors Medical Group’s demurrer to Plaintiffs Complaint is…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS’ DAVID X., M.D, AND DOCTORS MEDICAL GROUP’S DEMURRER TO AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) DEFENDANTS’ DESTRUCTION OF CRUCIAL RECORDS OR PREVARICATION ABOUT FACTS MAY SUPPORT EVIDENTIARY SANCTIONS OR AN INFERENCE OF LIABILITY Universal’s failure to produce legible…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) EVIDENCE OF TREATMENT BELOW THE STANDARD OF CARE REQUIRES DENIAL OF THE MOTION The fundamental rule on summary judgment is that the motion…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) The declaration of defendant’s expert herein is no more enlightening than that in Kelley as to the merits of Plaintiffs’ case. The defense…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) UNIVERSAL’S EVIDENCE FAILS TO CARRY ITS BURDEN AS TO DIRECT LIABILITY Universal relies upon the recitation of medical records in the declaration of…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) Nothing in the moving papers addresses the question of whether Universal complied with its duty to assure the competence of physicians – including…