2017-00210572-CU-MM

James Duval vs. James Lin

Nature of Proceeding: Motion for Summary Judgment and/or Adjudication

Filed By: Schoel, Brett

** If a request for oral argument is made, then the hearing will take place at

9:00AM on Monday, March 26, 2018 in this department. If a Monday hearing is inconvenient, then counsel (and any parties in propria persona) shall meet and confer and, at the time oral argument is requested, shall notify the Department 54 Clerk of their request for a different date for the hearing. Any request for oral argument must still be made by 4:00PM today. (See Local Rule 1.06.) **

Defendant James Lin, M.D.’s (Dr. Lin) motion for summary judgment is GRANTED.

This is a medical malpractice case. The plaintiff is James Duval (Duval). After Dr. Lin prevailed on his demurrer, the remaining cause of action against him is for negligence.

With the moving papers, Dr. Lin has produced evidence demonstrating that he did not breach the standard of care. (See Undisputed Material Fact 8; Lin Decl., ¶ 11.) This shifted the burden to Duval to produce evidence demonstrating the existence of a

triable issue. Duval did not produce any evidence or otherwise oppose the motion. As a result, Dr. Lin is entitled to judgment as a matter of law.

No formal order granting the motion is required.

Pursuant to CRC 3.1312, Dr. Lin shall lodge a judgment for the court’s signature.