Jimena

BACKGROUND

I. April 30, 2010 incident

One test for glaucoma, a disease that can cause blindness, is puffing a small burst of air into a patient’s open eyes. Jimena alleges that during an eyewear examination on April 30, 2010, Wong conducted the puff-of-air test on Jimena, which resulted in Jimena suffering injury.

II. First lawsuit

In 2011, Jimena brought a lawsuit against Wong alleging negligence, intentional tort, and breach of contract based on the 2010 incident.1 He attached to the complaint the service agreement between him and Wong. After Wong filed a demurrer, which the trial court sustained with leave for Jimena to amend his complaint, Jimena amended his

1 Wong requested this court take judicial notice of Jimena’s initial complaint, first amended complaint, and second amended complaint in his prior lawsuit against Wong; this court’s prior decision in that lawsuit and subsequent remittitur; the California Supreme Court’s denial of Jimena’s petition for review; and Wong’s request to augment the record in this appeal. Under Evidence Code sections 452 and 459, we grant Wong’s requests.

2 complaint. After a second demurrer, which the trial court again sustained…