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Kelly v. Moore

Kelly v. Moore
04:25:2006

Kelly v. Moore


Filed 3/16/06 Kelly v. Moore CA4/2




NOT TO BE PUBLISHED IN OFFICIAL REPORTS




California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





FOURTH APPELLATE DISTRICT





DIVISION TWO











REBECCA KELLY et al.,


Plaintiffs and Respondents,


v.


CAROLINE R. MOORE et al.,


Defendants and Appellants.



E037068


(Super.Ct.No. MCV04574)


OPINION



APPEAL from the Superior Court of San Bernardino County. Bert L. Swift, Judge. Affirmed.


Thelen Reid & Priest, Kenneth R. Pedroza, E. Todd Chayet; Elliot, Snyder & Reid, Michael R. Snyder, Jeffrey A. Walker and William R. Moffitt for Defendants and Appellants.


Winet, Patrick & Weaver and Catherine A. Gayer for Plaintiffs and Respondents.


A jury found defendants and appellants, Caroline R. Moore, M.D., and Palms Medical Clinic (hereafter referred to either individually by name or collectively as defendants), liable for the wrongful death of Alexandra Trent, the plaintiffs' mother, based on defendant Moore's negligent failure to diagnose or treat her breast cancer. Plaintiffs then moved to recover attorneys' fees and costs under Code of Civil Procedure section 2033, subdivision (o)[1] as a result of defendant Moore's failure to admit specified requests for admission (referred to by the parties as â€





Description A decision regarding wrongful death based on negligent failure to diagnose or treat her breast cancer.
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