Biro

INTRODUCTION

After undergoing cosmetic surgery, plaintiff-appellant Jan Biro sued the operating doctor, defendant-respondent Geoffrey Keyes, in small claims court, alleging a claim for breach of contract. In that case, Biro alleged Keyes conducted only part of the surgery for which he contracted. The small claims court entered judgment in Keyes’s favor. Biro, acting in pro. per., then filed a complaint in the superior court, alleging claims for, among other things, medical malpractice and breach of contract. In the superior court case (the subject of this appeal), Biro alleged he suffered unexpected medical complications as a result of the surgery. Keyes demurred to Biro’s complaint, arguing the action was barred by res judicata after the small claims court entered judgment in his favor. The trial court sustained the demurrer without leave to amend, and Biro appealed. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

In 2011, Biro contracted with Keyes, a plastic surgeon, who agreed to perform a series of cosmetic procedures on Biro’s face, ears, and neck. Keyes performed the surgery, but Biro was dissatisfied with the results. He sued Keyes in small claims court, claiming Keyes…