Civil Litigation
May 31, 2018
How to lose an SJ motion when your expert goes unrebutted
Simple, fail to allege any facts let alone material facts in the expert declaration that would allow the court to determine whether the standard of care was satisfied as a matter of law, as a recent case demonstrates.
Will Jay Pirkey
Deputy City Attorney
Office of the Los Angeles City Attorney
200 N Main St # 500
Los Angeles , CA 90012
Phone: (213) 978-8093
Fax: (213) 978-8312
Email: Will.Pirkey@lacity.org
California Western SOL
Will is member of LA-ABOTA.
How do you lose a summary judgment motion in a medical malpractice case when your defense expert's declaration is unrebutted, except for the opposing party's evidentiary objections? Simple, fail to allege any facts let alone material facts in the expert declaration that would allow the court to determine whether the standard of care was satisfied as a matter of law, as shown in Doe v. Good Samaritan Hospital, 2018 DJDAR 4829 (Cal. App. 5th ...
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