Defendants Mercy met their initial burden of proof as to lack of causation in this medical malpractice action brought on behalf of a nine day old infant girl. However, plaintiffs have raised disputed issues of material fact as to MF No. 15 and plaintiff's additional MF No. 19, as to whether the care and treatment rendered by Mercy caused plaintiff's alleged injuries. As a disputed fact as to causation remains, the motion must be denied. The subject of the cross-complaint arises out of the same series of transactions forming the allegations of the complaint, and there is no bad faith on the part of moving party. Defendant shall file and serve the proposed cross-complaint on or before May 10, 2001.
Discovery is reopened, keyed to the new trial date.
Plaintiff may take defendant's deposition regarding the property allegedly converted. Any further discovery sought and amendment of the complaint should be sought by separately noticed motion. Local Rule 3.04. The minute order is effective immediately. No formal order or further notice is required, the tentative ruling system providing sufficient notice.