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ROSENFIELD v. SUPERIOR COURT

Docket No. 66765.

143 Cal.App.3d 198 (1983)

191 Cal. Rptr. 611

SHELDON ROSENFIELD et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; MAURICE L. SILVER, Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

May 20, 1983.

Attorney(s) appearing for the Case

COUNSEL

Sheldon Rosenfield, in pro. per., Rosenfield & Silver and Jamie Beth Fox for Petitioners. Patterson, Ritner, Lockwood, Zanghi & Gartner and James M. Steck for Real Party in Interest.

OPINION

WOODS, P.J.

This proceeding in mandate presents the question whether the requirements of Code of Civil Procedure section 1295, subdivisions (a) and (b),1 concerning waiver of the patient's right to jury trial, are mandatory or advisory.

For the reasons discussed below, we conclude that the failure of a health care contract to contain the advisements specified in subdivisions (a) and (b...

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