Leon

FACTS

“Because this is an appeal from a judgment notwithstanding the verdict, we state the facts in the light most favorable to the verdict.” (Flanagan v. Flanagan (2002) 27 Cal.4th 766, 769.) 1. The Surgery On August 4, 2014, defendant performed a cosmetic surgical procedure known as a Brazilian butt lift on decedent Vasquez. Dr. Randal May served as the anesthesiologist in the surgery. The procedure involved the liposuction of fat from Vasquez’s arms, inner thighs, flanks, and back to her buttocks.1 To access these areas, defendant made incisions to create “port entries” at the back of Vasquez’s arms above the elbows, at the left and right groin crease, and at her sacrum. Defendant then injected a solution into the extraction areas and used different

1 Defendant testified the flank area was part of the lower back near the kidneys.

2 cannulas to suction the fat out of her body and inject it into her buttocks.2 After defendant harvested the fat from Vasquez’s arms and thighs, the surgical team flipped Vasquez to lie on her stomach. Defendant then harvested fat from her flanks. After the fat was separated from the solution, a “blunt” cannula was used to inject the fat…