Judge: Nick A. Dourbetas, Case: 2019-01086706, Date: 2022-10-21 Tentative Ruling

Motion for Summary Judgment and/or Adjudication

Defendant James A. Heinrich, M.D.’s motion for summary judgment as to the claims of plaintiff Michelle Smith is DENIED. 

Defendant has met his initial burden showing plaintiff cannot prove an essential element of her claim.  However, plaintiff has met her now shifted burden raising a triable issue of fact thereto.  Specifically, there are triable issues of fact as to UMF# 20-23.

The court declines to address the objections set forth in the separate statement.  In order to be proper, the objections must be set forth in a separate document, not in response to the separate statement of undisputed facts.  CRC Rule 3.1354(b).

Moving party shall give notice.