Berlin v. Kim CA2/3
Plaintiff and appellant Michael Berlin, M.D. (plaintiff) sued defendants and respondents Terence Kim, M.D. (Dr. Kim), Debraj Mukherjee, M.D. (Dr. Mukherjee), J. Patrick Johnson, M.D. (Dr. Johnson), Cedars-Sinai Medical Center (Cedars-Sinai), and The Spine Center, A Medical Group, Inc. (Spine Center) for fraud relating to a spinal surgery performed on plaintiff in 2014. Plaintiff alleges that defendants failed to perform an element of the spine surgery to which he had consented, and then fraudulently concealed that failure by representing to plaintiff that the full surgery had been performed. Plaintiff alleges that he did not learn of the limited nature of the surgery and defendants’ fraudulent concealment until March 2016, when a second surgery was performed by a different surgeon.
Defendants demurred on a variety of grounds, including (as to Dr. Kim, Dr. Mukherjee, and Cedars-Sinai) that plaintiff’s fraud claim was barred by the applicable statute of limitations. The trial court
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