Brown

Brown v. Regents of University of California

Good Law
151 Cal. App. 3d 982·198 Cal. Rptr. 916·1984 Cal. App. LEXIS 1616
Court of Appeal of CaliforniaFebruary 10, 1984Civ. 22575California2,655 words

Opinion

Opinion

Couzens, J.

Plaintiffs appeal from a judgment entered after a demurrer to the class action allegations of their first amended com plaint was sustained without leave to amend. They contend the trial court erred in determining there is no reasonable possibility plaintiffs can establish a community of interest among the potential class members and that individual issues predominate over common questions of law and fact. We will affirm the judgment.

THE COMPLAINT

The allegations of the complaint focus on both negligent and intentional factual concealment and misrepresentation regarding the level of coronary care at the University of California, Davis, Medical Center (Medical Center), and the Medical Center’s failure to provide adequate coronary care. The allegations are not confined to a specific date or time period.

Plaintiffs are categorized by the complaint into 10 groups. Plaintiffs in groups “A” and “B” died as a result of complications and injuries sustained during coronary care at the Medical Center. Plaintiffs in groups “C” and “D” suffered complications and injuries from coronary care at the Medical Center. The remaining groups of plaintiffs are spouses and heirs of the four…

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