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JOEL v. VALLEY SURGICAL CENTER

No. A080309.

80 Cal.Rptr.2d 247 (1998)

68 Cal.App.4th 360

Mannie JOEL et al., Plaintiffs and Appellants, v. VALLEY SURGICAL CENTER et al., Defendants and Respondents.

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

December 4, 1998.

Attorney(s) appearing for the Case

Bokelman & Benjamin, Robert U. Bokelman, Anglia Benjamin, San Francisco, Amy Leonard, Cincinnati, OH, Law Office of Daniel U. Smith, Daniel U. Smith, Kentfield, for Plaintiffs and Appellants.

Hanson, Bridgett, Marcus, Vlahos & Rudy, James A. Napoli and Steven V. Schnier, San Francisco, for Defendants and Respondents.

RUVOLO, J.

I.

INTRODUCTION

Appellants Mannie Joel, M.D. and his medical corporation (Dr. Joel)1 appeal the dismissal by demurrer of their case against Valley Surgical Center and individual defendants (ValleyCare). The trial court sustained ValleyCare's demurrer to the entire first amended complaint based on Dr. Joel's failure to exhaust administrative remedies allegedly available under his contract with ValleyCare and...

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