Central Valley General Hospital v. Smith
This appeal is the second time this lawsuit involving a hospital’s unsuccessful attempt to purchase rural health clinics is before this court. In the first appeal, we reversed a judgment entered pursuant to the original referee’s second revised statement of decision and directed the superior court to “refer the matter to the referee to (1) apply the correct rules of law concerning repudiation, nullification, and anticipatory breach, and (2) clarify the factual and legal basis, if any, for the … injunction .…†(Central Valley General Hospital v. Smith (2008) 162 Cal.App.4th 501, 532-533.) Unfortunately, the original referee died during the first appeal and was not available to amend his statement of decision in accordance with our instructions. The parties addressed his unavailability by agreeing to have a second referee conduct the further proceedings required by our opinion.
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