Motion for Summary Adjudication by Defendant, Michael Zadeh, M.D., filed on 5/13/16, is DENIED. Defendant has not established that he is entitled to a judgment in his favor based on the undisputed facts asserted. Cal. Code Civ. Proc. § 437c(p)(2).
The court disregards Plaintiff’s objections set forth in the separate statement as they are improper. First, they are objections to the stated fact, not to particular evidence. Secondly, Plaintiff is required to submit evidentiary objections separately, in one of two formats required by Cal Rules of Court 3.1354.
In the medical context, a claim for medical battery claim arises where a doctor performs a procedure without Plaintiff’s consent. Saxena v. Goffney, 159 Cal. App. 4th 316, 324-325 (Cal. App. 4th Dist. 2008). A battery can also occur where the physician performs a “substantially different treatment” than the treatment for which the patient provided consent. There is no definitive case law as to what constitutes a “substantially di
Hearing Date
September 15, 2016
Type
Med Malpractice (Drs & Surgeons) (General Jurisdiction)
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Motion for Summary Adjudication by Defendant, Michael Zadeh, M.D., filed on 5/13/16, is DENIED. Defendant has not established that he is entitled to a judgment in his favor based on the undisputed facts asserted. Cal. Code Civ. Proc. § 437c(p)(2).
The court disregards Plaintiff’s objections set forth in the separate statement as they are improper. First, they are objections to the stated fact, not to particular evidence. Secondly, Plaintiff is required to submit evidentiary objections separately, in one of two formats required by Cal Rules of Court 3.1354.
In the medical context, a claim for medical battery claim arises where a doctor performs a procedure without Plaintiff’s consent. Saxena v. Goffney, 159 Cal. App. 4th 316, 324-325 (Cal. App. 4th Dist. 2008). A battery can also occur where the physician performs a “substantially different treatment” than the treatment for which the patient provided consent. There is no definitive case law as to what constitutes a “substantially di