Lavine

Lavine v. Hospital of the Good Samaritan

Good Law
169 Cal. App. 3d 1019·1985 Cal. App. LEXIS 2348·215 Cal. Rptr. 708
Court of Appeal of CaliforniaJune 20, 1985B006019California4,350 words

Opinion

Opinion

Lucas, J.

Plaintiff appeals from orders (1) denying her application for injunctive relief compelling production of hospital records, (2) denying her motions to disqualify the trial judge and defendant’s counsel, (3) awarding sanctions under Code of Civil Procedure section 128.5 on account of the frivolous application for production of records, and (4) denying a motion for reconsideration and request for statement of decision concerning the aforementioned orders. We affirm all but the order for sanctions, which we reverse for failure adequately to specify the conduct or circumstances for which it was rendered (Code Civ. Proc., § 128.5, subd. (b)).

Facts

Plaintiff Joan Celia Lavine, an attorney, is the surviving daughter, sole heir, and executor of the estate of Morris Lavine (Lavine). Lavine died at age 86 on November 25, 1982, while under treatment for numerous illnesses at defendant the Hospital of the Good Samaritan (hospital). Plaintiff, in all of the capacities mentioned above, has instituted an action against the hospital and certain of its staff charging tortious conduct resulting in Lavine’s wrongful death and other damages.

On October 14, 1982, one month before Lavine’s…

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