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Topete v. Sutter Health Sacramento Sierra Region
After Jose Topete received electroconvulsive treatment (ECT) administered by doctors practicing at defendant Sutter Health Sacramento Sierra Region, doing business as Sutter Center for Psychiatry (Sutter Health), Topete sued Sutter Health and the doctors for medical malpractice. The trial court granted summary judgment as to Sutter Health only, and Topete appeals the resulting judgment.
On appeal, Topete contends the trial court erred by finding that: (1) the complaint failed to allege a cause of action for negligent hiring of one of the treating doctors, (2) the burden shifted to Topete to demonstrate a triable issue of material fact concerning whether Sutter Health was negligent, (3) there was no triable issue of material fact concerning whether Sutter Health negligently granted clinical privileges to one of the treating doctors, (4) the presidential pardon for a felony committed by one of the treating doctors was relevant, and (5) there was no triable issue of material fact c

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