It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death lawsuit and its proceedings.)
The summary judgment procedure protects defendants from spurious or meritless complaints and expedites the administration of justice by eliminating unnecessary trials. McCreery v. Eli Lilly and Company (1978) 87 Cal. App. 3d 77, 81; DeLeon v. Commercial Manufacturing and Supply Company (1983) 148 Cal.App. 3d 336, 342.
To be entitled to judgment as a matter of law, the moving party must show by admissible evidence that the “action has no merit or that there is no defense” thereto. Code of Civil Procedure section 437 (c) (a). A defendant moving for summary judgment meets this burden by showing that one or more elements of a cause of action cannot be established or that there is a complete defense to the action. Code of Civil Procedure section 437 c (o) (2); Addy v. Bliss & Glennon (1996) 44 Cal. App. 4th, 205. Once the defendant makes his showing, the burden shifts to the plaintiff to show a triable issue of material fact exists as to that cause of action or defense.
An expert declaration must demonstrate the basis for the opinion; a conclusory statement is insufficient to create a triable issue of fact. Kelley v. Trunk (1998) 66 Cal.4th 519, 524-525, 78 Cal.Rptr.2d 122.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
When a defendant moves for summary judgment and supports his motion with expert declarations that his conduct fell within the community standard of care, the defendant is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence. Munro v. Regents of the University of California (1989) 215 Cal.App.3d 977, 984-985, 263 Cal.Rptr. 878. Defendant has submitted the declaration of expert Dr. James Chin in support of its motion for summary judgment. (See Part 6 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.