Ermoian

Ermoian v. Desert Hospital

Good Law
152 Cal. App. 4th 475·2007 Cal. App. LEXIS 1023·61 Cal. Rptr. 3d 754
Court of Appeal of CaliforniaJune 22, 2007E036982California17,533 words

Opinion

Opinion

King, J.

Plaintiff Amanda Ermoian (Amanda) was bom with brain abnormalities that left her severely mentally retarded and unable to care for herself. Her conditions- could not have been prevented, treated, or cured in útero. Through her guardian ad litem, she sued Desert Hospital (the Hospital) and Maria Sterling, a registered nurse, for wrongful life, breach of contract, and promissory estoppel. She claims that defendants were negligent in, among other ways, failing to inform her mother of her abnormalities prior to her birth. Their negligence, she contends, deprived her mother of the opportunity to make an informed choice to terminate the pregnancy. As a result, her mother did not have an abortion, and she was bom. The court granted defendants’ motion for summary adjudication on the breach of contract and promissory estoppel claims. The wrongful life cause of action was tried by the court, which found for defendants.

Amanda contends that we should conduct a de novo review of the trial court’s findings and direct the trial court to enter judgment in her favor. In the published portion of this opinion, we explain that the applicable standard of review is the substantial evidence…

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