Elghazi v. Pomona Valley Hosp. Med. Center
Filed 2/10/06 Elghazi v. Pomona Valley Hosp. Med. Center CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION FIVE
| FARES ELGHAZI, Plaintiff and Appellant, v. POMONA VALLEY HOSPITAL MEDICAL CENTER, Defendant and Respondent. | B183652 (Los Angeles County Super. Ct. No. KC044383) |
APPEAL from a judgment of the Superior Court of Los Angeles County, R. Bruce Minto, Michael L. Stern, Judges. Reversed.
Barnes, Crosby, Fitzgerald & Zeman, Michael J. Fitzgerald, and Eric P. Francisconi, for Plaintiff and Appellant.
Paul, Hastings, Janofsky & Walker, Jamie Broder, and Gillian Garrett, for Defendant and Respondent.
i. Introduction
Plaintiff, Fares Elghazi, M.D., appeals from a judgment entered in favor of defendant, Pomona Valley Hospital Medical Center, after the trial court sustained demurrers without leave to amend to his claims for: contract breach; breach of the implied covenant of good faith and fair dealing (the implied covenant); fraud; and unfair competition. We conclude the demurrers at issue should have been overruled. We reverse the judgment of dismissal.
ii. Background
A. The June 18, 2004 Original Complaint
Plaintiff filed the original complaint on June 18, 2004. The complaint contained causes of action for: contract breach (first); implied covenant breach (second); fraud (third); negligent misrepresentation (fourth); and unlawful and unfair business acts or practices in violation of Business and Professions Code 17200 (fifth). The June 18, 2004 complaint alleged that the parties on September 11, 1991, entered into a written compensation agreement. Defendant agreed to pay plaintiff for professional services rendered at its Sleep Disorders Center. The September 11, 1991 agreement, which was attached to the complaint as exhibit 1, provided: defendant would pay plaintiff 75 percent of amounts billed to insurance companies for patients he treated; the amounts to be paid were listed in exhibit A to the parties' September 11, 1991 agreement; and the percentage pay-outs would be adjusted periodically. Paragraph 3 of the agreement provides: â€
