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CENTRAL VALLEY GENERAL HOSP. v. SMITH

No. F050590.

75 Cal.Rptr.3d 771 (2008)

162 Cal.App.4th 501

CENTRAL VALLEY GENERAL HOSPITAL, Plaintiff, Cross-defendant and Appellant, v. Brenton SMITH et al., Defendants, Cross-complainants and Respondents; Adventist Health Systems/West et al., Cross-defendants and Appellants.

Court of Appeal of California, Fifth District.

April 28, 2008.

Attorney(s) appearing for the Case

Latham & Watkins, Susan S. Azad, Alexandra A. Roje, Los Angeles, and Elliot B. Gipson, for Plaintiff, Cross-defendant and Appellant and for Cross-defendants and Appellants.

Doyle, Fike & Watson, David Douglas Doyle; Law Offices of William A. Romaine, William A. Romaine, Visalia; Jones Day and George S. Howard, Jr., San Diego, for Defendants, Cross-complainants and Respondents.

Certified for Partial Publication.*

OPINION

DAWSON, J.

This appeal concerns a hospital's proposed acquisition of rural health clinics from a medical group. The acquisition was not completed because disputes arose prior to the closing. The hospital terminated the agreement and sued for the return of a $250,000 payment, alleging an anticipatory breach of contract resulted from the medical group's inability to make certain...

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