Demurrer by Defendants, Babak Moeinolmolki, M.D. and Healthy Life Bariatrics, APC to Plaintiff’s Complaint, filed on 6/7/19, is OVERRULED. Defendants are ordered to file an answer within ten (10) days.
The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on grounds the pleading fails to state facts sufficient to constitute a cause of action. Cal Code Civil Procedure § 430.10(e).
A demurrer reaches defects that appear on the face of the complaint and based on matters that are subject to judicial notice. All facts are accepted as true. Saunders v. Superior Court (1994) 27 Cal. App. 4th 832, 838.
Defendants demur to the 2nd cause of action for sexual battery.
The essential elements of a cause of action for battery are:
“(1) defendant touched plaintiff, or caused plaintiff to be touched, with the intent to harm or offend plaintiff;
(2) plaintiff did not consent to the touching;
(3) plain
Hearing Date
July 19, 2019
Type
Medical Malpractice - Physicians & Surgeons (General Jurisdiction)
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Demurrer by Defendants, Babak Moeinolmolki, M.D. and Healthy Life Bariatrics, APC to Plaintiff’s Complaint, filed on 6/7/19, is OVERRULED. Defendants are ordered to file an answer within ten (10) days.
The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on grounds the pleading fails to state facts sufficient to constitute a cause of action. Cal Code Civil Procedure § 430.10(e).
A demurrer reaches defects that appear on the face of the complaint and based on matters that are subject to judicial notice. All facts are accepted as true. Saunders v. Superior Court (1994) 27 Cal. App. 4th 832, 838.
Defendants demur to the 2nd cause of action for sexual battery.
The essential elements of a cause of action for battery are:
“(1) defendant touched plaintiff, or caused plaintiff to be touched, with the intent to harm or offend plaintiff;
(2) plaintiff did not consent to the touching;
(3) plain