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LERMA v. COUNTY OF ORANGE

No. G032120.

15 Cal.Rptr.3d 609 (2004)

120 Cal.App.4th 709

Richard LERMA et al., Plaintiffs and Appellants, v. COUNTY OF ORANGE et al., Defendants and Respondents.

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

July 13, 2004.

Attorney(s) appearing for the Case

Robert W. Ragsdale, Santa Ana, and Gary T. Mason, Tustin, for Plaintiffs and Appellants.

Allen, Mullings & Allen and Debra E. Allen, Santa Ana, for Defendant and Respondent County of Orange.

Carpenter, Rothans & Dumont, Steven J. Rothans, Los Angeles, and Jill W. Babington for Defendant and Respondent City of Rancho Santa Margarita.

OPINION

MOORE, J.

There are times when respect for the human condition dictates a compassionate response to a request for a continuance. This is one of those times.

In the case before us, plaintiffs' counsel was served with a motion for summary judgment on the day he was admitted to the hospital to have his cancerous bladder removed. The attorney was unaware that he had been served with the motion until the day after he was released from the hospital...

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