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  5. 112 Cal.App.3d 622 (1980)
 

HOWE v. AMERICAN BAPTIST HOMES OF THE WEST, INC.

Docket No. 47464.

112 Cal.App.3d 622 (1980)

169 Cal. Rptr. 418

DRAYTON F. HOWE, JR., as Executor, etc., Plaintiff and Appellant, v. AMERICAN BAPTIST HOMES OF THE WEST, INC., Defendant and Respondent.

Court of Appeals of California, First District, Division One.

November 26, 1980.

Attorney(s) appearing for the Case

COUNSEL

Peter L. Levy and Kaplan, Levy, Samrick & Bernard for Plaintiff and Appellant.

Hanson, Bridgett, Marcus, Milne & Vlahos, William J. Bush and Paul A. Gordon for Defendant and Respondent.

OPINION

NEWSOM, J.

Appellant is the executor for Mrs. Virginia W. Howe, deceased, and seeks reversal of a trial court's judgment which awarded respondent nursing home (hereinafter Home) an "accommodation fee," and all other fees, paid to respondent by Mrs. Howe pursuant to a lifetime care contract.

The case went to trial on stipulated facts which can be fairly summarized as...

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