Reed

Reed v. Regal Medical Group CA4/2

Good Law
Court of Appeal of CaliforniaSeptember 8, 2015E059895California4,287 words

Opinion

Opinion

INTRODUCTION

Plaintiffs Sharron L. Reed, Tammy Jane Reed, Tanya Jo Reed, and Timothy J. Reed

(referred to collectively as the Reeds), the widow and children of decedent James A. Reed,

appeal from (1) the judgment of dismissal following an order granting judgment on the

pleadings as to the causes of action for wrongful death and loss of consortium, and (2) the

trial court sustaining the demurrer of defendant Regal Medical Group, Inc., as to the causes

of action for breach of contract and breach of the implied covenant of good faith and fair

dealing in plaintiffs’ third amended complaint. The Reeds contend (1) they properly pled

the existence of a contractual relationship under which they were third-party beneficiaries

and all the elements of a breach of contract; (2) they properly pleaded the elements of a

breach of the implied covenant of good faith and fair dealing; and (3) their negligence-

based claims are subject to a two-year statute of limitations for general negligence, not a

one-year statute of limitations for medical malpractice. We find no error, and we affirm.

FACTS AND PROCEDURAL BACKGROUND

We state the facts alleged by the Reeds consistent with the…

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