Following Kelley v. Trunk (1998) 66 Cal.App.4th 519 and Johnson v. Superior Court (2006) 143 Cal.App.4th 297, this decision reverses a summary judgment finding that the defendant did not sustain its initial burden of production by submitting an expert declaration that merely set forth the expert’s ultimate conclusions without the supporting facts and reasoning. The declaration also failed to distinguish between plaintiff’s various theories of liability and the duties and standards of care applicable to them. Even though plaintiff did not object to the admission of the declaration and even though plaintiff failed to submit any contrary expert opinion, the declaration’s failure to satisfy the moving party’s initial burden was sufficient reason to reverse the summary judgment.
California Court of Appeal, Fifth District (Meehan, J.); May 4, 2018 (published May 21, 2018); 2018 Cal. App. LEXIS 465