Spates

Spates v. Dameron Hospital Ass'n

Bad Law
114 Cal. App. 4th 208·2003 Cal. App. LEXIS 1841·2003 Daily Journal DAR 13523·7 Cal. Rptr. 3d 597·2003 Cal. Daily Op. Serv. 10727
Court of Appeal of CaliforniaDecember 11, 2003C043762California5,420 words

Opinion

Opinion

Hull, J.

Plaintiff appeals from a judgment of dismissal following an order granting defendant’s motion for summary judgment. Plaintiff contends issues of fact remain on her claims stemming from defendant’s failure to take reasonable steps to notify her of her mother’s death. We affirm the judgment.

FACTS AND PROCEDURAL HISTORY

On review of an order granting summary judgment, we consider the evidence in the light most favorable to the opposing party. (Molko v. Holy Spirit Assn. (1988) 46 Cal.3d 1092, 1107 [ 252 Cal.Rptr. 122 , 762 P.2d 46 ].)

Martha Morris (decedent) was a patient at Dameron Hospital in Stockton when at approximately 3:00 a.m., August 5, 2000, she died of congestive heart failure and diabetes mellitus. Since November 1998, decedent had been a resident of a nursing home facility operated by Beverly Health and Rehabilitation Services, Inc. (Beverly Manor), and had been taken to Dameron Hospital for treatment on more than one occasion during this period.

In November 1998, plaintiff Bobbie Lee Spates, who is decedent’s daughter, provided Beverly Manor with information regarding decedent’s burial insurance and instructions to have decedent’s remains sent to Thompson…

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