TENTATIVE RULING
Defendants' motion for summary judgment or, alternatively, motion for summary adjudication of the Elder Abuse cause of action is DENIED.
Preliminary Matters
The Court declines to consider issues not included in defendants' Separate Statement. Given this, there is no need to rule on plaintiffs' objection.
Discussion
Medical Malpractice
- Statute of Limitations
Defendants contend a one-year statute of limitation bars the medical malpractice cause of action. Defendants argue that Gary Schotz has known about the basis for his cause of action at least since October 10, 2016 but failed to bring this claim until more than one year later on January 30, 2018. MPA at pp.25-26. Defendants' separate statement does not cite to any facts or evidence in support of this assertion. "The failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion." CCP § 437c(b)(1). Given that defendants' mem
Hearing Date
October 29, 2020
Category
Civil - Unlimited
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TENTATIVE RULING
Defendants' motion for summary judgment or, alternatively, motion for summary adjudication of the Elder Abuse cause of action is DENIED.
Preliminary Matters
The Court declines to consider issues not included in defendants' Separate Statement. Given this, there is no need to rule on plaintiffs' objection.
Discussion
Medical Malpractice
- Statute of Limitations
Defendants contend a one-year statute of limitation bars the medical malpractice cause of action. Defendants argue that Gary Schotz has known about the basis for his cause of action at least since October 10, 2016 but failed to bring this claim until more than one year later on January 30, 2018. MPA at pp.25-26. Defendants' separate statement does not cite to any facts or evidence in support of this assertion. "The failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion." CCP § 437c(b)(1). Given that defendants' mem