Atienza

Atienza v. Taub

Good Law
194 Cal. App. 3d 388·1987 Cal. App. LEXIS 2049·239 Cal. Rptr. 454
Court of Appeal of CaliforniaAugust 24, 1987B023171California2,155 words

Opinion

Opinion

Woods, J.

This is an appeal from an order of dismissal of an action for professional negligence and intentional infliction of emotional distress brought by Maria Atienza (appellant) against Morris Taub, M.D. (respondent) following the sustaining of a demurrer without leave to amend. We affirm.

The first amended complaint sets forth the following factual allegations which, for the purposes of review, we accept as true: respondent is a licensed physician with a medical practice. On October 20, 1983, appellant went to respondent for treatment of a “phlebitic [s/c] condition” allegedly sustained as the result of an industrial injury. Appellant’s injury also caused her emotional problems but she does not allege that she sought treatment for those problems from respondent.

During the course of treatment, respondent “seduced [appellant] into having sexual relations and an affair with her which lasted until October 31, 1984 . . . .” Both his treatment of appellant for her medical condition and his affair with her ended on October 31, 1984.

On August 16, 1985, appellant filed a complaint for personal injuries alleging two causes of action, professional negligence and willful misconduct.…

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