Wang vs. Mayenne Medical

Plaintiff concedes this point but argues he may recover fees incurred in consultations with a retained attorney.

Plaintiff is correct. (See Mix v. Tumanjan Development Corp. (2002) 102 Cal.App.4th 1318, 1324.)

Defendant is ORDERED to file an answer within 10 days.

Clerk to give notice.

10 Wang vs. Demurrer to Complaint Mayenne Medical Defendants Mayenne Medical dba Skinspire Laser & Skin 30-2025- Clinic, Dai Xiaoxiao, Liang Ma, and Hyunseok Kim’s 01532205-CU- demurrer to Plaintiffs Yisha Wang and Willie Hungyi Wei’s MM-CJC complaint is OVERRULED.

First, third, and fourth causes of action for battery and breach of fiduciary duty

Redundancy of a cause of action is not grounds for sustaining a demurrer. (See Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 889-890.)

Fifth cause of action for fraud

Plaintiffs sufficiently allege a cause of action for fraud. (Compl. ¶¶ 77-88.)

Motion to Strike Complaint

Defendants Mayenne Medical dba Skinspire Laser & Skin Clinic, Dai Xiaoxiao, Liang Ma, and Hyunseok Kim’s motion to strike portions of Plaintiffs’ complaint is GRANTED.

Plaintiffs’ allegations are directly related to the manner in which Defendants provided professional medical services. (See Central Pathology Service Medical Clinic, Inc. v. Superior Court (1992) 3 Cal.4th 181, 191-192.) As such, Plaintiffs were required to obtain an order from the Court allowing them to seek punitive damages pursuant to Code of Civil Procedure section 425.13.

The Court ORDERS Defendants Mayenne Mefdical dba Skinspire Laser & Skin Clinic, Dai Xiaoxiao, Liang Ma, and Hyunseok Kim to file an answer within 10 days.