Kildee Jacobsen-Wayne v. Calvin C.M. Kam, M.D., Inc.

53 F.3d 338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kildee JACOBSEN-WAYNE, Plaintiff-Appellant, v. CALVIN C.M. KAM, M.D., INC., Defendant-Appellee. No. 93-16807. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 31, 1994. Decided April 20, 1995. Before: BROWNING, TROTT, and KLEINFELD, Circuit Judges. ORDER 1 Dismissal of Jacobsen-Wayne's claims pursuant to Fed. R. Civ. P. 12(b)(6), except for the products liability claim, was improper. A review of the complaint reveals that Jacobsen-Wayne did state a cause of action for negligence, for fraud, and for intentional infliction of emotional distress. We note, however, that Jacobsen-Wayne appended the allegedly offending doctor's report to the complaint. On the face of the report, nothing appears that would demonstrate the veracity of Jacobsen-Wayne's allegations. The district court's dismissal may well prove to be prophetic if Jacobsen-Wayne is unable to generate the genuine issues of material…