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FORSYTH v. JONES

Docket No. E015323.

57 Cal.App.4th 776 (1997)

RONALD FORSYTH, Plaintiff and Appellant, v. KENNETH JONES, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

September 10, 1997.

Attorney(s) appearing for the Case

COUNSEL

Eleanor L. Preston for Plaintiff and Appellant.

Hagenbaugh & Murphy, Randal A. Whitecotton and Katherine L. Spaniac for Defendant and Respondent.

OPINION

McKINSTER, J.

A plaintiff appeals from a judgment of dismissal entered after a demurrer to his complaint for damages for medical malpractice was sustained without leave to amend. Concluding that the trial court erroneously sustained the demurrer, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

The facts, as alleged in the plaintiff's second amended complaint and as judicially noticed, are these: In September...

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