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HAHN v. MIRDA

No. A112854.

54 Cal.Rptr.3d 527 (2007)

147 Cal.App.4th 740

Kurt HAHN, Plaintiff and Appellant, v. Daniel MIRDA et al., Defendants and Respondents.

Court of Appeal of California, First District, Division Five.

January 19, 2007.

Attorney(s) appearing for the Case

Jay-Allen Eisen, Jay-Allen Eisen Law Corporation, Noel Margaret Ferris, The Law Office of Noel M. Ferris, Sacramento, CA, for Plaintiff and Appellant.

Virgil Francis Pryor, Oram Reyen & Pryor, San Francisco, CA, Denise Billups-Slone, Robert M. Slattery, Gary A. Watt, McNamara, Dodge, Ney, Beatty, Slattery, et al., Walnut Creek, CA, for Defendants and Respondents.

JONES, P.J.

In this appeal from a ruling on a demurrer, we consider this factual predicate: a woman is told she has a particularly aggressive form of breast cancer. She undergoes chemotherapy and has a radical mastectomy in an attempt to save her life. The pathology report prepared after the surgery shows the woman did not have cancer at all. The woman's doctors learn their patient did not have cancer, but they do not tell her. As a result, the woman lives for more...

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