COUNTY OF KERN v. SUPERIOR COURT

Docket No. 3995.

82 Cal.App.3d 396 (1978)

147 Cal. Rptr. 248

COUNTY OF KERN et al., Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; LORRAINE RICHARD, Real Party in Interest.

Court of Appeals of California, Fifth District.

June 29, 1978.


Attorney(s) appearing for the Case

COUNSEL

Borton, Petrini & Conron and George F. Martin for Petitioner.

No appearance for Respondent.

Sims & Solomon, Gabriel W. Solomon and Michael S. Konnoff for Real Party in Interest.


OPINION

HOPPER, J.

Petitioner seeks a writ of mandate compelling respondent court to grant a motion under Code of Civil Procedure sections 597.5 and 597 to have certain affirmative defenses in a medical malpractice action heard first, and to set aside a discovery order and an order overruling a demurrer. We issue the writ in part.

Real party in interest (real party) filed a claim with Kern County (petitioner) for medical malpractice...

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