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PHILLIPS v. DESERT HOSPITAL DIST.

Docket No. S001352.

49 Cal.3d 699 (1989)

780 P.2d 349

263 Cal. Rptr. 119

PAULA E. PHILLIPS et al., Plaintiffs and Appellants, v. DESERT HOSPITAL DISTRICT, Defendant and Respondent.

Supreme Court of California.

October 16, 1989.

Attorney(s) appearing for the Case

COUNSEL

Tanzer, Rosato & Samuels, Rosato & Samuels, Ellen Kamon, Cary S. Samuels, Ralph L. Rosato, Haines, Russ, McMurry & de Recat and Craig J. de Recat for Plaintiffs and Appellants.

Horvitz & Levy, Horvitz, Levy & Amerian, Merrill & Neiswender, Thompson & Colegate, David S. Ettinger, Thomas M. Brown, David M. Axelrad, Grant Marylander and Michelle L. Stern for Defendant and Respondent.

OPINION

KAUFMAN, J.

We granted review in this case to determine whether a notice of intention to commence an action based upon a health care provider's alleged professional negligence (Code Civ. Proc., § 364, subd. (a)) may activate the notice and defense-waiver provisions (Gov. Code, §§ 910.8, 911, 911.3) of the Tort Claims Act (Gov. Code, § 900 et seq.) (act).1 (1a) As...

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