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COMMUNITY MEMORIAL HOSPITAL v. COUNTY OF VENTURA

Docket No. B095022.

50 Cal.App.4th 199 (1996)

COMMUNITY MEMORIAL HOSPITAL OF SAN BUENA VENTURA et al., Plaintiffs and Appellants, v. COUNTY OF VENTURA et al., Defendants and Respondents.

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

August 20, 1996.

Attorney(s) appearing for the Case

COUNSEL

Arthur E. Schwimmer, Cadwalader, Wickersham & Taft, John E. McDermott, John C. Kirkland, Maria T. Mascaro, Ferguson, Case, Orr, Patterson & Cunningham, William E. Paterson, Benton, Orr, Duval & Buckingham and James T. Sherren for Plaintiffs and Appellants.

James L. McBride, County Counsel, Noel A. Klebaum, Assistant County Counsel, O'Melveny & Myers, James R. Asperger and Peter B. Ackerman for Defendants and Respondents.

[Opinion certified for partial publication.*]

OPINION

GILBERT, Acting P.J.

Here we hold that a county's policy of accepting paying patients at its public hospital is authorized by the Legislature, does not exceed the county's police powers and does not constitute a gift of public funds. We also hold that a county is not a person subject to suit under...

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