# Wozniak v. Peninsula Hospital

> California Court of Appeal · November 14, 1969 · 1 Cal. App. 3d 716

URL: https://www.frixlaw.com/law-library/cases/9725996

## Case

- **Full name:** CHRISTINE ANN WOZNIAK, a Minor, Etc., Plaintiff and Appellant, v. PENINSULA HOSPITAL, Defendant and Respondent
- **Court:** California Court of Appeal
- **Decided:** November 14, 1969
- **Citations:** 1 Cal. App. 3d 716; 82 Cal. Rptr. 84; 1969 Cal. App. LEXIS 1320
- **Precedential status:** Published
- **Opinion:** Concurrence by Draper
- **Judges:** Brown, Draper
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9725996

## Opinion text

DRAPER, P. J.
I concur in the judgment, but solely because the declarations filed show a triable issue of fact as to the date of discovery by the parents of the claimed negligence of respondent hospital district. No issue of relief from late filing is presented, because there was no petiton to the court within six months of the district’s denial of such relief. Nor does this record contain any evidence of estoppel. That may become an issue at trial, but I question that any action of the doctors, absent a claim of agency *728 relationship between them and the hospital, could serve to estop the hospital. I note, too, that the trial judge probably was misled by plaintiff’s emphasis, at the hearing below, upon the claimed right to relief from late filing.
A petition for a rehearing was denied December 12, 1969.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9725996. Public record. Not legal advice.