Facts

Plaintiff Jaclyn Jangafter filed suit against defendant Brian B. Min after she was injured following a spa treatment she received at Hwasim Spa in Los Angeles.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she suffered second- and third-degree burns to her private parts after undergoing a treatment at the spa in which she squatted over a toilet-type bowl to have medicinal therapeutic smoke circulate under her in order to penetrate plaintiff's private areas and skin. She claimed that she was not informed of the risk and danger of burns to her genital area and that defendant concealed this information from her. As such, she claimed that her consent was invalid because she would not have consented to the medical procedure if she had known the risks. Due to the lack of consent, the touching of plaintiff was unconsented to, and constituted battery. Furthermore, the treatment should have been performed under the supervision of a medical professional.

Plaintiff asserted causes of action for battery and unlawful practice of medicine.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff consented to the treatment, was informed regarding the inherent risk of injury, and that he never held himself out as a being a medical professional.

Result

The court sustained defendant's demurrer with 20 days leave to amend.