MOTION FOR SUMMARY JUDGMENT
SET FOR HEARING ON WEDNESDAY, SEPTEMBER 19, 2007, LINE 6. DEFENDANT CALIFORNIA PACIFIC MEDICAL CENTER'S MOTION FOR SUMMARY JUDGMENT: SUMMARY ADJUDICATION IS GRANTED AS TO THE FOURTH AND SEVENTH CAUSES OF ACTION. DEFENDANT SHIFTED THE BURDEN OF PROOF BASED ON THE UNDISPUTED FACTS ESTABLISHING NO LIABILITY BASED ON LISA M. V HENRY NEWHALL MEMORIAL HOSPITAL (1995) 12 CAL. TH 291. PLAINTIFF HAS NOT PRESENTED EVIDENCE THAT RAISES A TRIABLE ISSUE OF FACT; RATHER PLAINTIFF'S EVIDENCE AND THE INFERENCES THEREFROM CONSTITUTE SPECULATION THAT WHAT OCCURRED WAS AN ACCIDENTAL TOUCHING NOT SEXUAL BATTERY. =(302/PJM/PB)
Hearing Date
September 19, 2007
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MOTION FOR SUMMARY JUDGMENT
SET FOR HEARING ON WEDNESDAY, SEPTEMBER 19, 2007, LINE 6. DEFENDANT CALIFORNIA PACIFIC MEDICAL CENTER'S MOTION FOR SUMMARY JUDGMENT: SUMMARY ADJUDICATION IS GRANTED AS TO THE FOURTH AND SEVENTH CAUSES OF ACTION. DEFENDANT SHIFTED THE BURDEN OF PROOF BASED ON THE UNDISPUTED FACTS ESTABLISHING NO LIABILITY BASED ON LISA M. V HENRY NEWHALL MEMORIAL HOSPITAL (1995) 12 CAL. TH 291. PLAINTIFF HAS NOT PRESENTED EVIDENCE THAT RAISES A TRIABLE ISSUE OF FACT; RATHER PLAINTIFF'S EVIDENCE AND THE INFERENCES THEREFROM CONSTITUTE SPECULATION THAT WHAT OCCURRED WAS AN ACCIDENTAL TOUCHING NOT SEXUAL BATTERY. =(302/PJM/PB)