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Melchor v. Mercy Medical Center

Melchor v. Mercy Medical Center
09:27:2010



Melchor v










Melchor v. >Mercy > >Medical > >Center >



















Filed 7/30/10 Melchor v. Mercy Medical Center CA1/5

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>NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.









IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FIRST
APPELLATE DISTRICT



DIVISION
FIVE




>






>JOSE MELCHOR et al.,

> Plaintiffs
and Appellants,

>v.

>MERCY MEDICAL CENTER >MERCED >,

> Defendant
and Respondent.






A124448



( >Alameda > County

Super. >Ct. > No. RG06302527)






Jose
Melchor and Natalie Melchor, by and through their guardians ad litem, Martin
Melchor and Ramona Melchor, appeal from a judgment entered after the court
granted the summary judgment motion
of respondent Mercy Medical Center Merced.
Appellants contend a triable issue of material fact precluded summary
judgment and the court erred in denying their request for a continuance of the motion hearing. We will affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

In
December 2006, Jose and Natalie Melchor, through their guardians ad litem,
filed a complaint alleging professional
negligence on the part of numerous defendants, including respondent
Catholic Healthcare West dba Mercy Medical Center Merced (sued as Mercy Medical
Center and referred to hereinafter as â€




Description Jose Melchor and Natalie Melchor, by and through their guardians ad litem, Martin Melchor and Ramona Melchor, appeal from a judgment entered after the court granted the summary judgment motion of respondent Mercy Medical Center Merced. Appellants contend a triable issue of material fact precluded summary judgment and the court erred in denying their request for a continuance of the motion hearing. Court affirm the judgment.
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