Motion for Summary Adjudication by Defendant, Rajesh Chawla, M.D., filed on 1/8/19, is DENIED. Defendant has not his burden of establishing that he is entitled to adjudication of an issue based on the material facts proffered. Cal. Code Civil Procedure §437c(p)(2).
This motion is properly made because the issue for adjudication raised by Dr. Chawla is not the same issue raised by the Motion for Summary Judgment/Adjudication made by Defendants, Phillip Cabasso, M.D. and Phillips J. Cabasso, M.D.
A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication that was denied, unless the party establishes newly discovered facts or circumstances or a change of law supporting the issues reasserted. Cal. Code Civil Procedure § 437c(f)(2).
First, Dr. Chawla is not bringing a motion for summary judgment. He seeks adjudication of one issue.
The Cabasso motion, filed on 6/8/18, asserted that Plaintiff, Steven Hawkins, did not have standing to b
Hearing Date
March 29, 2019
Type
Med Malpractice (Drs & Surgeons) (General Jurisdiction)
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Motion for Summary Adjudication by Defendant, Rajesh Chawla, M.D., filed on 1/8/19, is DENIED. Defendant has not his burden of establishing that he is entitled to adjudication of an issue based on the material facts proffered. Cal. Code Civil Procedure §437c(p)(2).
This motion is properly made because the issue for adjudication raised by Dr. Chawla is not the same issue raised by the Motion for Summary Judgment/Adjudication made by Defendants, Phillip Cabasso, M.D. and Phillips J. Cabasso, M.D.
A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication that was denied, unless the party establishes newly discovered facts or circumstances or a change of law supporting the issues reasserted. Cal. Code Civil Procedure § 437c(f)(2).
First, Dr. Chawla is not bringing a motion for summary judgment. He seeks adjudication of one issue.
The Cabasso motion, filed on 6/8/18, asserted that Plaintiff, Steven Hawkins, did not have standing to b