Divino Plastic Surgery v. Super. Ct.

Filed 5/19/22 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

DIVINO PLASTIC SURGERY, INC. D079661

et al., (San Diego County Petitioners, Super. Ct. No. 37-2019-00058375-

CU-MM-CTL)

v.

THE SUPERIOR COURT OF SAN ORDER MODIFYING OPINION

DIEGO COUNTY, AND DENYING PETITION FOR

REHEARING

Respondent;

NO CHANGE IN JUDGMENT

MOISES ESPINOZA et al.,

Real Parties in Interest.

THE COURT:

It is ordered that the opinion filed herein on April 22, 2022, be modified as follows: 1. On page 9, after the first sentence at the top of the page (ending “qualified to administer anesthesia”), add as footnote 3 the following footnote, which will require the renumbering of all subsequent footnotes: In a petition for rehearing, the Espinozas complain that in describing their argument this way, we “misstate[d] or miscomprehend[ed] [their] argument” and “missed [their] most important points.” Those points are: (1) Hernandez was forbidden by law to administer any anesthetic; (2) Lang acted outside the scope of her…