Rains

This petition seeks review of an order sustaining a demurrer to a cause of action for battery without leave to amend. The alleged batteries occurred as an aspect of an in-patient psychiatric treatment program in which plaintiffs participated and consented to defendants using physical violence upon them as a therapeutic measure.

The two issues presented by this appeal are:

I

Whether a cause of action for battery was well pleaded in plaintiffs’ second amended complaint and, if not, whether it is possible to plead such a cause under applicable law.

II

Whether respondent’s imposition of monetary sanctions under Code of Civil Procedure section 128.5, subdivision (a), was an abuse of discretion.

Whether a viable cause for battery has been or might be pleaded turns upon whether plaintiffs’ consent to use of physical violence by defendants as a therapeutic treatment may be vitiated by allegations that defendant psychiatrists actually did not administer such violence for any therapeutic purposes but for the improper ulterior purpose of subjugating plaintiffs and controlling their behavior to defendants’ personal advantage.

The facts are that petitioners (hereinafter…