CASE NAME: Kimberly Valentine v. Beverly Hills Wellness Surgery, et al.
CASE NO.: 19STCV25703
MOTION: Lahar Demurrer with Motion to Strike
HEARING DATE: 10/6/2020
Background
Plaintiff Kimberly Valentine (“Valentine” or “Plaintiff”) filed this action on July 23, 2019, against Beverly Hills Wellness Surgery Center, LLC, Vishal Kapoor, M.D., Robert E. Schlenker, M.D., Nicholas Lahar, M.D., FACS, and DOES 1-100 for (1) medical malpractice (negligence); (2) gross negligence; (3) medical battery; (4) failure to obtain informed consent; (5) negligent hiring, training, and retention; and (6) intentional misrepresentation/fraud.
Legal Standard
“Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court,
Hearing Date
October 06, 2020
Type
Medical Malpractice - Physicians & Surgeons (General Jurisdiction)
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CASE NAME: Kimberly Valentine v. Beverly Hills Wellness Surgery, et al.
CASE NO.: 19STCV25703
MOTION: Lahar Demurrer with Motion to Strike
HEARING DATE: 10/6/2020
Background
Plaintiff Kimberly Valentine (“Valentine” or “Plaintiff”) filed this action on July 23, 2019, against Beverly Hills Wellness Surgery Center, LLC, Vishal Kapoor, M.D., Robert E. Schlenker, M.D., Nicholas Lahar, M.D., FACS, and DOES 1-100 for (1) medical malpractice (negligence); (2) gross negligence; (3) medical battery; (4) failure to obtain informed consent; (5) negligent hiring, training, and retention; and (6) intentional misrepresentation/fraud.
Legal Standard
“Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court,