Salmanzadeh v. Bosley Medical Group CA2/2

Filed 3/17/15 Salmanzadeh v. Bosley Medical Group CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

GHORBAN ALI SALMANZADEH et al., B249529

Plaintiffs and Appellants, (Los Angeles County v. Super. Ct. No. BC445812)

BOSLEY MEDICAL GROUP et al.,

Defendants and Appellants.

APPEAL from a judgment of the Superior Court of Los Angeles County. Terry A. Green, Judge. Dismissed in part and affirmed in part.

Peters & Peters and Barbara J. Peters for Plaintiffs and Appellants.

Wilson Elser Moskowitz Edelman & Dicker and Melissa A. Murphy-Petros for Defendants and Appellants.

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Factual Background On February 5, 2010, Ghorban Ali Salmanzadeh underwent an elective hair transplant procedure. The procedure was performed by Dr. Terrence Aragoni at the San Francisco clinic of Bosley Medical Group. Five days later, it was discovered that Mr. Salmanzadeh had suffered a stroke. First Amended Complaint, Trial, and Judgment Mr. Salmanzadeh and his wife, Julie Salmanzadeh, filed an action against Bosley Medical Group, Bosley Institute, Inc., Bosley Medical Institute of California, Inc., Bosley Inc., and Dr. Aragoni. Their first amended complaint alleges claims for fraud and deceit, misrepresentation, intentional infliction of emotional distress, battery, negligent failure to obtain informed consent, medical negligence, loss of consortium, breach of contract, and violation of Business and Professions Code section 17200. The case proceeded to trial. Ultimately, judgment was entered in favor of plaintiffs in part and Bosley Inc. in part “in accordance with the jury’s verdict” and the trial court’s order granting a motion for directed verdict on plaintiffs’ fraud, battery, and intentional infliction of emotional distress causes of action. Bosley Inc. was awarded costs in the amount of $7,295. Judgment was entered in the total amount of $1,238,533.71 plus interest in favor of plaintiffs on their negligence and loss of consortium claims against Bosley Medical Group and Dr. Aragoni. Appeal and Cross-appeal On June 20, 2013, Bosley Medical Group, Bosley Inc., and Dr. Aragoni (collectively defendants) timely filed a notice of appeal. On July 5, 2013, plaintiffs filed a notice of cross-appeal, seeking review of the trial court’s nonsuit rulings. While the appeal and cross-appeal were pending, but before the parties’ briefs were filed, the parties participated in mediation under the auspices of this court’s mediation program. Apparently no settlement was reached. Judgment is Satisfied in Full On May 12, 2014, Bosley Medical Group notified plaintiffs that it had decided to pay the full amount of the judgment with all accrued interest. On May 22, 2014, the