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California Court of Appeal


Kaplan v. Mamelak, B191118

In an action involving claims of medical malpractice and battery against defendant-neurosurgeon, judgment for defendant is reversed and remanded where the trial court erred in: 1) prohibiting discovery on the tolling of the statute of limitations for days which defendant was out of the state; and 2) sustaining defendant's demurrer to plaintiff's action for battery on grounds that defendant did not intent to operate beyond plaintiff's consent.

Appellate Information

  • Decided 04/29/2008
  • Published 04/29/2008

Judges

  • RUBIN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • The Meenan Lariviere Law Firm and Kevin Meenan, Pasadena, for Plaintiff and Appellant.

  • For Appellees:
  • Law + Brandmeyer, Kent T. Brandmeyer, and David J. Ozeran, Los Angeles, for Defendant and Respondent.
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