The Second Appellate District affirmed in part and reversed in part judgments and remanded. The court held that an expert declaration on negligence proffered on behalf of a medical malpractice plaintiff was admissible and raised triable issues of fact as to the defendant physician’s alleged medical negligence.

Linda Warren was a gynecologist who on August 22, 2007 provided surgical care for Christine Shugart. who suffered from stress urinary incontinence and other problems. Shugart developed a post-operative infection that was resistant to antibiotics. In November, Warren referred Shugart to urologist Shlomo Raz at the UCLA Medical Center. In January 2008, Raz recommended additional surgery, which he performed on March 24.