Ofelia Bakia and Mihai Bakia, as the Parents of Santiago Bakia, Per ca.c.c.p. § 376 v. County of Los Angeles of the State of California

Good Law
687 F.2d 299·34 Fed. R. Serv. 2d 1527
United States Court of Appeals for the Ninth CircuitSeptember 14, 198281-5951California1,045 words

Opinion

Opinion

687 F.2d 299 Ofelia BAKIA and Mihai Bakia, as the parents of Santiago Bakia, per CA.C.C.P. § 376, Plaintiffs-Appellants, v. COUNTY OF LOS ANGELES OF the STATE OF CALIFORNIA, et al., Defendants-Appellees. No. 81-5951. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1982. Decided Sept. 14, 1982. Manuel Hidalgo, Los Angeles, Cal., for plaintiffs-appellants. Martin Stein, Bonne, Jones, Bridges, Mueller & O'Keefe, Los Angeles, Cal., for defendants-appellees. Appeal from the United States District Court For the Central District of California. Before GOODWIN, ANDERSON and FERGUSON, Circuit Judges. PER CURIAM. 1 The Bakias appeal from an order dismissing without prejudice their diversity medical malpractice action pursuant to Fed.R.Civ.P. 19. The Bakias' complaint alleged that the negligence of defendants caused their minor child to suffer physical and mental retardation. They sought to recover pre-majority medical expenses and loss of earnings on their own behalf as his parents under Cal.Civ.Proc.Code § 376. 2 The county moved for a judgment on the pleadings for failure to join the child as an indispensable party. Rule 19(a) provides for the…

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