M.J.

M.J. v. La Maestra Family Clinic Inc.

Good Law
United States District Court, Southern District of CaliforniaDecember 12, 20243:23-cv-00395California10,401 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 M.J., an individual, Case No.: 23-cv-395-W-BLM

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION [DOC. 37]

UNITED STATES OF AMERICA;

ALEX KAMSI, D.C.; et al, 15 Defendants. 16 17 Pending before the Court is the Government’s motion for summary judgment or dismissal on grounds that the Court lacks subject matter jurisdiction because Plaintiff’s tort claims against the United States do not fall within the limited waiver of sovereign immunity provided by the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346, 2671– 80. The Government also moved for partial summary judgment on grounds that Plaintiff’s expert witness failed to provide sufficient evidence of the standard of care. Plaintiff opposed the motion, and the Government replied. The Court decides the matter on the papers submitted and without oral argument. See Civ. L.R. 7.1(d)(1). For the reasons provided here, the Court GRANTS IN PART 27 …

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