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Melchor v. Fresno Community Hospital and Medical Center

Melchor v. Fresno Community Hospital and Medical Center
09:27:2010



Melchor v












Melchor v. >Fresno > >Community > >Hospital > and >Medical > >Center >























Filed 7/30/10 Melchor v. Fresno Community Hospital and Medical Center CA1/5

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>NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for purposes
of rule 8.1115.





IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FIRST
APPELLATE DISTRICT



DIVISION
FIVE




>






>JOSE MELCHOR et al.,

> Plaintiffs
and Appellants,

>v.

>FRESNO > COMMUNITY
HOSPITAL > AND >MEDICAL > CENTER,

> Defendant
and Respondent.






A124445



( >Alameda > County

Super. >Ct. > No. RG06302527)






Jose
Melchor and Natalie Melchor, by and through their guardians ad litem, Martin
Melchor and Ramona Melchor, appeal from a judgment entered after the court
granted the summary judgment motion
of respondent Fresno Community
Hospital and Medical
Center (Fresno Community). Appellants contend that the court erred in
overruling their objections to the evidence submitted by Fresno Community, and
a triable issue of material fact precluded the grant of summary judgment. We will affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

In
December 2006, Jose and Natalie Melchor, through their guardians ad litem,
filed a complaint alleging professional
negligence on the part of numerous defendants including Fresno Community
(erroneously sued as â€




Description Jose Melchor and Natalie Melchor, by and through their guardians ad litem, Martin Melchor and Ramona Melchor, appeal from a judgment entered after the court granted the summary judgment motion of respondent Fresno Community Hospital and Medical Center (Fresno Community). Appellants contend that the court erred in overruling their objections to the evidence submitted by Fresno Community, and a triable issue of material fact precluded the grant of summary judgment. We will affirm the judgment.
I. FACTS AND PROCEDURAL HISTORY
In December 2006, Jose and Natalie Melchor, through their guardians ad litem, filed a complaint alleging professional negligence on the part of numerous defendants including Fresno Community (erroneously sued as â€
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