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MONTOYA v. BARRAGAN

No. B237495.

220 Cal.App.4th 1215 (2013)

164 Cal. Rptr. 3d 100

DANIEL MONTOYA et al., Plaintiffs and Respondents, v. ALFONSO BARRAGAN, Defendant and Appellant.

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

October 29, 2013.

Attorney(s) appearing for the Case

Cole Pedroza , Kenneth R. Pedroza , Matthew S. Levinson ; McCurdy & Leibl and John McCurdy for Defendant and Appellant.

The Cifarelli Law Firm, Philip C. Cifarelli , Krysta M. Sebastian ; Thomas Beck Vanni Callahan & Powell and Daniel Powell for Plaintiffs and Respondents.

OPINION

JOHNSON, J. —

Dr. Alfonso Barragan appeals the trial court's order granting plaintiffs' new trial motion on the ground of insufficiency of the evidence of causation and irregularity in the proceedings. Plaintiffs Daniel Montoya, Moises Montoya, Saul Montoya and Antonio Montoya (plaintiffs) are the family of decedent Olivia Montoya (Montoya), who died while in Dr. Barragan's care. After their complaint for wrongful death and survival...

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