Hillsman

Hillsman v. Sutter Community Hospitals

Good Law
153 Cal. App. 3d 743·1984 Cal. App. LEXIS 1821·200 Cal. Rptr. 605·119 L.R.R.M. (BNA) 2645
Court of Appeal of CaliforniaMarch 27, 1984Civ. 22590California4,239 words

Opinion

Opinion

Sims, J.

Plaintiff Deane Hillsman, M.D. appeals from an order and judgment dismissing his complaint entered after the trial court sustained defendant Sutter Community Hospitals’ demurrers to plaintiff’s first, second and third causes of action without leave to amend, and granted summary judgment for defendant on plaintiff’s fourth cause of action. On appeal plaintiff challenges only the sustaining of demurrers to the first and second causes of action.

Factual and Procedural Background

“Because this appeal arises from a judgment entered after the sustaining of a general demurrer, we must, under established principles, assume the truth of all properly pleaded material allegations of the complaint in evaluating the validity of the trial court’s action.” (Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, 170 [ 164 Cal.Rptr. 839 , 610 P.2d 1330 , 9 A.L.R.4th 314 ].) The third amended complaint alleges in part:

The agreement provided in part that “It is further understood that renegotiation or termination of this letter of understanding by either party may be accomplished upon thirty days notice, [f] We look forward to a long. pleasant, and mutually satisfactory relationship…

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