Excerpt: ...ions to Plaintiff's material facts in opposition and to Plaintiff's Separate Statement of Facts are disregarded as they are not objections to particular evidence, but rather Plaintiff's characterization of the facts. SeeObjections, 7:5 – 23-17. The undisputed material facts establish the following: Plaintiff, Estafany Martinez, was 19-years old when she was transferred to Cedars-Sinai Medical Center from St. John's in the early morning hours of...

Excerpt: ... Detail, (Exhibit D), Pursuant to Cal. Code Civ. Proc. § 437c(q), when the court grants or denies a motion for summary judgment or summary adjudication, it need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion are preserved for appellate review. Cal. Code Civ. Proc. § 437c(q). Here, Defendants did not meet their threshold bu...

Excerpt: ...dant's challenge to the Plaintiff's cause of action.” Eriksson v. Nunnink, (2011) 191 Cal. App. 4th 826, 848. A party cannot raise new issues of materiality merely by submitting a Declaration in opposition to the summary judgment motion. Lewinter v. Genmar Industries, Inc. (1994) 26 Cal.App.4th 1214, 1223. Plaintiff argues that Defendants did not advise Plaintiff that the cataract surgery was elective and that it was not medically necessary if ...