Klein

Klein v. Children's Hospital Medical Center

Good Law
1996 Cal. App. LEXIS 582·46 Cal. App. 4th 889·54 Cal. Rptr. 2d 34·96 Daily Journal DAR 7261·96 Cal. Daily Op. Serv. 4509
Court of Appeal of CaliforniaJune 20, 1996A072286California2,898 words

Opinion

Opinion

Haning, J.

Plaintiffs and appellants Joel and Cynthia Klein appeal the dismissal of their action for negligent infliction of emotional distress (NEED) against defendants and respondents Children’s Hospital Medical Center of Northern California (CHMC), Dr. Mouied Alashari and Dr. Roger A. Williams, after respondents’ demurrers were sustained without leave to amend. We affirm.

Background

Since this appeal is taken from a judgment of dismissal after demurrers to appellants’ complaint were sustained without leave to amend, established principles of appellate review require that we must accept all material facts properly pleaded as true (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ]), that appellants’ ability to prove their allegations is not a factor for our consideration, and that appellants need only plead facts showing they may be entitled to some form of relief (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 496 [ 86 Cal.Rptr. 88 , 468 P.2d 216 ]).

This action arises from the alleged misdiagnosis of appellants’ daughter, Paula. On March 2, 1994, six-year-old Paula was admitted to CHMC for diagnosis of possible cancer. On March 3, 1994,…

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