Plaintiff alleged that defendants committed malpractice when the defendants allegedly dispensed the wrong medication. Plaintiffs asserted causes of action for strict liability, negligence, breach of warranty, negligent infliction of emotional distress, and negligent supervision. Our demurrer was sustained without leave to amend on the strict liability claim. We moved for summary judgment on the rest of plaintiffs’ claims, arguing that her action was barred by the statute of limitations. In lieu of filing her opposition, plaintiff filed a dismissal of the case.

In this case, plaintiff filed suit in both state and federal courts alleging that the defendants unfairly discharged him in retaliation and in violation of state and federal laws. In the federal action, we successfully argued that plaintiff had no evidence to establish pretext. In the state action, we successfully argued that the judgment in the federal court barred his action in the state court under principles of res judicata and collateral estoppel.