hannah valencia, Plaintiff, v. children’s hospital of los angeles, et al., Defendants.

Case No.: 19STCV44003

Hearing Date: October 6, 2020

[TENTATIVE] order RE:

DEMURRER TO and motion to strike portions of complaint

NOTICE

The Court is advancing this hearing from Tuesday, October 6, 2020, at 3:30 p.m. to Tuesday, October 6, 2020, at 1:30 p.m. The Court posts this tentative order in advance of the hearing:

TENTATIVE ORDER

Background

Plaintiff Hannah Valencia (“Plaintiff”) filed this action against Defendant Dean M. Anselmo, M.D. (“Defendant”), alleging that Defendant committed malpractice relating to the removal of a lipomatous mass. Plaintiff asserts causes of action for professional negligence and medical battery. Now, Defendant demurs to the cause of action for medical battery. Defendant also moves to strike certain allegations relating to that cause of action. The Court overrules the demurrer and denies the motion to strike.

LEGAL STANDARD

“It is black letter law that a d