Opinion

Bakersfield Community Hospital v. Department of Health

  • 77 Cal. App. 3d 193
  • 142 Cal. Rptr. 773
  • 1977 Cal. App. LEXIS 2133
Court
California Court of Appeal
Filed
Dec 29, 1977
Status
Published
Author
Brown
On the bench
Brown (g.A.)
Cited by
5 cases
Authority
More cited than 9.6%

The opinion

BROWN (G. A.), P. J.

Upon petition for rehearing the Hospital urges for the first time in this court that this court should consider the issue of whether the Department should be held to be estopped, from claiming the proposed location is not adjacent. However, the comments of the trial judge and his memorandum of decision make clear that he decided the case solely on the interpretation of the word “adjacent,” and the findings and conclusions which were prepared by the Hospital made no finding or conclusion on that issue. The findings and conclusions in this regard are therefore deficient. Under these circumstances, since the Hospital prepared the findings and conclusions, it must be held to have invited the error in not entering the appropriate findings and conclusions on this issue, and it cannot complain of the error it has invited. (Johnson v. Rich (1957) 150 Cal.App.2d 740, 747 [ 310 P.2d 980 ].)

Respondent’s petition for a hearing by the Supreme Court was denied March 2, 1978.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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