Vargas

Defendant, the surviving husband of a patient who received extensive necessary hospital and medical care, supplies and services from the county-owned and -operated Santa Clara Valley Medical Center during the period from October 8, 1969, until her death December 23, 1969, has appealed from a stipulated judgment which awarded the plaintiff the sum of $10,894.40 and $9.50 costs admittedly due if the defendant failed to establish the affirmative defenses asserted by him.

The trial court denied the county’s motion for summary judgment in an order which further recited, “The court makes its order specifying that the following issues are without substantial controversy and are deemed established against the defendant: [1] 1. The county owns and operates the Santa Clara Valley Medical Center. [H] 2. The agreement signed by defendant on October 8, 1969, is not subject to rescission. [1] 3. The statute of limitation is not a bar to the within action.”

Following that order the parties entered into a stipulation, which after renumbering them as “1” and “2” set forth items “2” and “3” of the foregoing order, and continued as follows: “It Is Hereby Stipulated by and between…