SUBJECT: Motion for Summary Judgment/ Adjudication

Moving Party: Defendants Olatunji Bandele, D.V.M and LA Central Animal Hospital

Resp. Party: Plaintiffs Gary Patent and Derrick Abrenica

Defendants’ motion for summary judgment is DENIED.

Defendants’ motion for summary adjudication as to the veterinarian malpractice/negligence and fraud causes of actions are GRANTED.

Defendants’ motion for summary adjudication as to the negligence per se, trespass to chattels, and punitive damages claims are DENIED.

The Court SUSTAINS Defendants’ evidentiary objections as to Numbers 1-5, 7-9, 11-12 and OVERRULES Defendants’ evidentiary objections as to Numbers 6 and 10.

BACKGROUND:

Plaintiffs Gary Patent and Derrick Abrenica commenced this action on March 13, 2018 against Defendants Olatunji Bandele, Young Joo Kim, LA Central Animal Hospital, and Central Orange County Emergency Animal Hospital. The operative first amended complaint, filed August 10, 2018, asserts causes of action for: (1) Negli