Moe

This lawsuit arises from separate incidents of sexual assault allegedly committed by Scott Dodd Anderson, M.D. (Anderson), against two *828 patients, Paula Moe and Edelmira Moe. 1 Paula and Edelmira, along with their husbands, Robert and Richard, respectively, sued Anderson and two corporations alleged to be his employer, U.S. Healthworks, Inc., and U.S. Healthworks Medical Group, PC. (Healthworks), for medical malpractice, battery, sexual battery, intentional infliction of emotional distress, and loss of consortium. Defendants demurred, arguing that plaintiffs were improperly joined under Code of Civil Procedure section 378. 2 The trial court sustained the demurrer without leave to amend and dismissed the lawsuit. Plaintiffs appeal.

As we explain, the trial court was correct with respect to plaintiffs’ claims against Anderson. Two separate and distinct sets of plaintiffs (i.e., (1) Paula and Robert and (2) Edelmira and Richard) sued Anderson for separate and distinct sexual assaults during separate and distinct time periods. Because their claims do not arise out of the same transaction, occurrence, or related series of transactions or occurrences, joinder was improper…