Terzian

Terzian v. County of Ventura

Good Law
1994 Cal. App. LEXIS 321·24 Cal. App. 4th 78·28 Cal. Rptr. 2d 809·94 Daily Journal DAR 4897·94 Cal. Daily Op. Serv. 2589
Court of Appeal of CaliforniaMarch 22, 1994B072717California2,721 words

Opinion

Opinion

Stone, J.

Deborah Terzian, Janice Brown, Cheryl Lopez, Michael Brown and Kenneth Brown appeal from a judgment in favor of respondent County of Ventura (County). They contend that the trial court abused its discretion in dismissing defendant California Forensic Medical Group, Inc. (Group) pursuant to Code of Civil Procedure section 583.420, subdivision (a)(1), and incorrectly determined that decedent Charles Brown was a prisoner at the time the allegedly negligent acts occurred. We affirm the judgment.

Facts

Charles Brown was arrested on the evening of November 10, 1987, for several misdemeanor Vehicle Code violations and a violation of probation. He was taken to jail at approximately 11:40 p.m. at which time he was searched, his wallet and other personal property taken, and he was given a property inventory slip and turned over to the jail personnel by the arresting officer. Further booking procedures subsequently occurred, including his being photographed and fingerprinted. The official booking time was listed at 2:58 a.m., November 11, 1987, with a supplemental booking at 3:06 a.m.

A nurse saw Mr. Brown at 1:25 a.m. when he reported chest pain and gave a history of angina. He…

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