Legal Opinion
Gillette v. Burbank Community Hospital
California Court of Appeal
Decided March 23, 1976No. Civ. 45843PublishedCited by 5 opinions
1Opinion of the Court
Opinion
FLEMING, J.
On 24 May 1971 plaintiff filed a complaint for medical malpractice against Saint Joseph Medical Center, Burbank Community Hospital, Drs. Frederick Amerongen, Joan Marie King, Charles King, Donald Springer, and Phillip Davis. The superior court clerk issued summons on 24 May 1971, but the summons was not served on any of the defendants at that time. Not quite three years later on 21 May 1974 plaintiff through a different attorney filed a “first amended complaint” identical in text with his original complaint except for its title and the name of plaintiff’s new attorney.…
2Cases cited4 opinions
- Hibernia Savings & Loan Society v. ChurchillCalifornia Supreme Court · 1900
- W. H. Marston Co. v. KochritzCalifornia Court of Appeal · 1926
- Dowling v. ComerfordCalifornia Supreme Court · 1893
- Hershenson v. HershensonCalifornia Court of Appeal · 1962
3Cited by5 opinions
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- Davis v. Allstate InsuranceCalifornia Court of Appeal · 1989
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- Turner v. The Hertz Corp. CA5California Court of Appeal · 2014