California Court of Appeal

Summary judgment for defendants, in a medical malpractice action, is vacated where, although plaintiff's expert declaration in opposition to the motion may have been inadmissible, defendants' expert declaration was insufficient to establish facts from which a reasonable trier of fact would find the defendants acted within the standard of care.

Appellate Information

• Decided 08/31/2006
• Published 09/25/2006

Judges

• BLEASE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steven M. McCarthy, Oakland, CA, for Petitioner., Wilke, Fleury, Hoffelt, Gould & Birney and Danielle M. Guard, Sacramento, CA, for Real Parties in Interest.


• For Appellees:
  
• No appearance for Respondent.