James Johnson v. United States

MEMORANDUM

James Ellis Johnson appeals pro se from the district court’s summary judgment in his Federal Tort Claims Act (“FTCA”) action alleging medical malpractice in connection with treatment provided by the Department of Veterans Affairs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Ford v. City of Yakima, 706 F.3d 1188, 1192 (9th Cir.2013) (per curiam) (cross-motions for summary judgment). We may affirm on any basis supported by the record, Gordon v. Virtumundo, Inc., 575 F.3d 1040, 1047 (9th Cir.2009), and we affirm.'

The district court properly granted summary judgment for defendant on Johnson’s premature discharge claim because Johnson failed to raise a genuine dispute of material fact as to whether defendant’s alleged breach of duty caused any of Johnson’s injuries. See Conrad v. United States, 447 F.3d 760, 767 (9th Cir.2006) (in an FTCA action, the law of the state in which the alleged tort occurred applies); Johnson v. Superior Court, 143 Cal. App.4th 297, 49 Cal.Rptr.3d 52, 58 (2006) (elements of medical malpractice claim under California law and expert evidence requirement); see also Miranda v. Bomel Constr. Co., Inc., 187 Cal.App.4th 1326 , 115…