[TENTATIVE] ORDER RE: DEFENDANT’S DEMURRER AND MOTION TO STRIKE
I. INTRODUCTION
On July 22, 2019, plaintiff Cole Hanson filed this action against defendant August de Oliveira, D.D.S. for medical negligence, breach of fiduciary duty, battery, and fraud. On September 25, 2019, Defendant filed a demurrer to the claims for breach of fiduciary duty, battery, and fraud. Defendant also filed a motion to strike punitive damages allegations. That same day, the parties stipulated to strike the second cause of action for breach of fiduciary duty and the claim for punitive damages. Thus, the only issues left for the Court to address are the claims for battery and fraud.
Plaintiff alleges that in April 2017, he consulted with Defendant and underwent dental surgery which was conducted in a negligent fashion. Defendant allegedly acted below the standard of care and knowingly operated on teeth that were not in need of dental surgery in order to make more money. Defendant also allegedly falsely repr
Hearing Date
October 24, 2019
Type
Medical Malpractice - Physicians & Surgeons (General Jurisdiction)
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[TENTATIVE] ORDER RE: DEFENDANT’S DEMURRER AND MOTION TO STRIKE
I. INTRODUCTION
On July 22, 2019, plaintiff Cole Hanson filed this action against defendant August de Oliveira, D.D.S. for medical negligence, breach of fiduciary duty, battery, and fraud. On September 25, 2019, Defendant filed a demurrer to the claims for breach of fiduciary duty, battery, and fraud. Defendant also filed a motion to strike punitive damages allegations. That same day, the parties stipulated to strike the second cause of action for breach of fiduciary duty and the claim for punitive damages. Thus, the only issues left for the Court to address are the claims for battery and fraud.
Plaintiff alleges that in April 2017, he consulted with Defendant and underwent dental surgery which was conducted in a negligent fashion. Defendant allegedly acted below the standard of care and knowingly operated on teeth that were not in need of dental surgery in order to make more money. Defendant also allegedly falsely repr