California Court of Appeal

In a suit involving separate alleged sexual assaults by a doctor against two patients, for medical malpractice, battery, sexual battery, intentional infliction of emotional distress, and loss of consortium, the trial court's dismissal of the complaint is: 1) affirmed as to the complaint against the doctor, as plaintiff's claims do not arise out of the same transaction, occurrence, or related series of transactions or occurrences, and therefore joinder was improper under Code of Civil Procedure section 378; but 2) reversed as to the complaint against the hospital employer for the direct negligence in hiring and supervising the doctor, where these claims arise out of the same series of transactions or occurrences, i.e., the hiring and supervision of the doctor, and therefore joinder was proper under section 378.

Appellate Information

• Decided 07/11/2012
• Published 07/11/2012

Judges

• HOCH

Court

• California Court of Appeal

Counsel