Jameson

I.

INTRODUCTION

More than a decade ago, Barry S. Jameson filed a complaint against Dr. Taddese Desta that asserted numerous claims stemming from Desta’s allegedly negligent medical treatment of Jameson’s hepatitis while Jameson was incarcerated at the Richard J. Donovan Correctional Facility (Donovan). In two separate prior appeals, this court reversed dismissals of Jameson’s lawsuit, concluding that the trial court had erred in dismissing the action on procedural grounds. (Jameson v. Desta (July 2, 2007, D047824) [nonpub. opn.], opn. mod. July 26, 2007 (Jameson J); Jameson v. Desta (2009) 179 Cal.App.4th 672 [ 101 Cal.Rptr.3d 345 ] (Jameson II).)

On remand from Jameson II, Desta filed a motion for summary judgment or summary adjudication of the two remaining claims pending against him—breach of fiduciary duty and professional negligence. The trial court granted Desta’s motion for summary adjudication of the breach of fiduciary duty claim on the ground that Jameson could not establish that Desta had breached any legal duty owed to Jameson. The court subsequently concluded that Desta was entitled to judgment as a matter of law on Jameson’s professional negligence claim,…