Excerpt: ...are entitled to judgment as a matter of law. Defendants have submitted uncontroverted evidence that SUARD'S diagnosis and treatment of decedent PATRICK KRAINERT were within the standard of care, including SUARD'S prescribing the drug, Gabapentin, for him without discussing the rare possibility that it could produce suicidal tendencies. (Declaration of Benny Gavi, M.D.). Further, the conduct of SUARD was not a substantial factor in causing the dea...

Excerpt: ...ade secret through improper means, and Defendant's action damaged Plaintiff. (CytoDyn of New Mexico, Inc. v. Amerimmune Pharm., Inc. (2008) 160 Cal.App.4th 288, 297.) Plaintiff alleges that trade secret information was obtained or derived through Defendant Siegrist, who owed a duty to Plaintiff to maintain its secrecy and limit its use. (Complaint, ¶¶ 18, 23, 27.) Not only does Plaintiff allege that Defendant Siegrist acted as an agent or emplo...

Excerpt: ...dice. Defendants have established that Plaintiff's action arises out of the investigation and prosecution of an action for code enforcement violations occurring at real properties owned by Plaintiff, which constitutes protected activity. (Squires v. City of Eureka (2014) 231 Cal.App.4th 577, 589; see, Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056 [a cause of action arising from a defendant's litigation activity is subject to special motion to str...

Excerpt: ...e period of the decedent's alleged exposure from 1970 to 1973. Plaintiffs' expert, Sean Fitzgerald, indicates that according to certain tests, there was some asbestos in the talc, and that tests indicating no evidence of asbestos in the talc were not conclusive in this regard. Fitzgerald establishes that the decedent's asbestos exposure from Emtal talc was more than a mere possibility, and that this exposure may have been a substantial factor in ...

Excerpt: ...ction 2030.210 governing responses to interrogatories and CCP Sections 2031.210 and 2031.280 governing responses to requests for production. Plaintiff is to provide further responses to Special Interrogatories, Set One, Nos. 3, 7, 11, 15, 19, 23, 27, 31, 35, 39, 43, 46, 50, 54, 58, 61, and 62, in compliance with CCP Section 2030.210; and to provide a further response to Request for Production, Set One, No. 1, in compliance with CCP Sections 2031....

Excerpt: ......

Excerpt: ....D.). Therefore, as a matter of law, HIRAOKA cannot be found negligent in this action. The unopposed motion for summary judgment filed by defendant JANE CHIC, P.A., is granted. Defendant CHIC has submitted undisputed facts that in treating plaintiff, she acted within the standard of care for a physician's assistant in the community. (Declaration of Marla Stayduhar, Exhibit D, Declaration of William Wood, P.A.). Therefore, as a matter of law, CHIC...

Excerpt: ...578, 586, fn. 5). Defendants have not yet filed their motion for summary judgment, and have not indicated how they may meet the “stringent requirements for summary judgment” in the present case. With regard to the viability of defendants' proposed motion for summary judgment, the court notes (1) plaintiff disputes the fact that she agreed to the proposed settlement, and (2) the evidence regarding the alleged settlement agreement will be limit...

Excerpt: ......