In Saxena v. Goffney (2008) 159 Cal.App.4th 316, the plaintiff alleged three causes of action: wrongful death, negligence, and battery. (Id. at p. 324.) The negligence cause of action was premised on lack of informed consent, whereas a " 'battery theory is premised on an operation to which the patient has not consented.' " (Ibid.) The appellate court held the special verdict to be fatally defective because it asked the jury whether the defendant performed a procedure without the plaintiff's informed consent (id. at p. 326), an element of the negligence claim (id. at p. 324), but did not require the jury to answer the distinct question whether the defendant performed the procedure with no consent, which was an element of the separate tort of battery. (Id. at pp. 324, 326.) The special verdict form did not ask the jury to answer all of the elements of the battery cause of action.