Triable Issues Remain In Sacramento Medical Malpractice Case, Part 4 of 10

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.)

LEGAL ARGUMENT
SUMMARY JUDGMENT IS PROPER WHEN THERE IS NO TRIABLE ISSUE OF MATERIAL FACT

It is well established that the purpose of the summary judgment procedure is to “penetrate through evasive language and adept pleading and ascertain the existence or absence of triable issues.” Vanderbilt Growth Fund, Inc. v. Superior Court (1980) 105 Cal.App.3d 628, 637. Therefore, it is proper to grant a motion for summary judgment if there is no triable issue as to any material fact or if the action has no merit.

California Code of Civil Procedure ยง 437c provides, in pertinent part, as follows:

(a) Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding …(c) The motion for summary judgment shall be granted if all papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law … (o) A cause of action has no merit if either of the following exists:(1) One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded … (p) For purposes of motions for summary judgment and summary adjudication …

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

(2) A defendant … has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established … Once the defendant …has met that burden, the burden shifts to the plaintiff … to show that a triable issue of one or more material facts exists as to that cause of action … The plaintiff … may not rely upon the mere allegations … of its pleadings to show a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists … If it appears from an examination of the Affidavits and evidence filed in connection with a motion for summary judgment that no triable issue of material fact exists, summary judgment is proper. Cone v. Union Oil Co. (1954) 129 Cal.App.2d 558, 562. (See Part 5 of 10.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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