Battery under California Penal Code Section 242 PC is a frequently-filed criminal offense that involves any intentional and unlawful physical contact on another person. ... The defendant intentionally and unlawfully touched another person in a harmful or offensive manner.
You see, there was an intentional and unlawful touching in an offensive manner.
Was it a battery? Absolutely. Will he be charged? No. His punishment is a $500K fine and banishment for a year. Lot worse than he would get for battery.