Excerpt: ... care and whether the treatment caused any injury. (See Disputed Material Facts 21 to25 and cited evidence therein; see Wachtel Decl. ¶ 14 vs. Starkman Dec. ¶ 26 – 39). The Court must construe the opposing evidence liberally for this motion. The differing opinions of experts creates a factual dispute that is not appropriately resolved by way of summary judgment. (Hernandez v. KWPH Enterprises (2004) 116 Cal.App.4th 170, 176; Garrett v. Howmed...

Excerpt: ...int on Defendants on 9/29/17, as confirmed by its proofs of service filed on 10/02/17. Under CCP 430.40 (a), Defendants were required to file their Demurrer within 30 days after being served with the summons and complaint, unless extended by stipulation or court order. The deadline for filing the Demurrer was on or about 10/29/17. Defendants filed their Demurrer nearly two months later on 12/27/17. There is no evidence before the court that the D...