On July 28, 2009, plaintiff Samaie Hassan, 75, a medical assistant, was working at Kaiser Permanente in Walnut Creek when he was involved in an altercation with fellow employee Norman Dela Cruz, who ultimately punched Hassan in the jaw. As a result, Hassan claimed he suffered a jaw injury, as well as emotional distress. Hassan sued Dela Cruz. He alleged that the defendant’s actions constituted battery under the California Elder Abuse Act, and the matter proceeded to a bench trial. Hassan claimed that Dela Cruz began taunting him, making fun of his stature and ability to speak English prior to altercation. He alleged that after exchanging some words, the defendant struck him in the jaw, in what was an unprovoked physical act. Thus, Hassan contended that the battery constituted as elder abuse because Dela Cruz was approximately 30 years younger than him. Dela Cruz admitted to striking Hassan in the jaw, but argued that the plaintiff head-butted him first. Thus, he claimed that Hassan initiated physical contact and provoked him to strike the plaintiff back., Hassan suffered a contusion to his jaw, which resulted in swelling. He claimed the injury healed well, but that he is traumatized by the incident and the embarrassment that it caused. Thus, he sought recovery of $20,000 in general damages for his jaw injury and emotional distress. Defense counsel argued that the amount of damages alleged was excessive for the injury Hassan sustained.