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.