__[Attorney name]__ __[Address]__ __[Telephone number]__ Attorney for __[e.g., Defendant]__, __[name]__ _ _ _ _ _ _ Court, County of _ _ _ _ _ _ __[_ _ _ _ _ _ District]__ _ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _ Plaintiff(s)) vs. )PROPOSED ORDER GRANTING SUMMARY )ADJUDICATION OF ISSUES _ _ _ _ _ _ _ _ _ _ _ _ _ ) Defendant(s))Hearing: __[date; time]__ _________________________ ) Department: _ _ _ _ _ _ Trial Date: __[if set]__ The motion of defendant, __[name]__, for summary judgment or summary adjudication of issues was heard at the above date and time. Appearing as attorneys were: __[List names of attorneys and parties represented by each]__. After considering the papers filed in support of and in opposition to the motion, the Court finds that the following issues are without substantial controversy: 1. Plaintiff __[name]__'s first cause of action of medical malpractice is barred by the statute of limitations as set forth under Code of Civil Procedure section 340.5 (see separate statement of undisputed facts, fact nos. 1-3). 2. With respect to plaintiff's second cause of action for battery, plaintiff gave his informed consent to the surgical procedures that were performed. 3. Plaintiff sustained no loss of wages or other compensation from employment as a result of defendant's acts as alleged in plaintiff's second cause of action. IT IS ORDERED that these issues be deemed established for trial of this matter. Date: _ _ _ _ _ _ ___________________________ Judge
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Legal Forms : Set Two