Kraft v. Innis

MARKS, J.

This is an appeal by defendant E. C. Innis from an order refusing to change the place of trial of the action from Kern County to Los Angeles County.

The first amended complaint contains four separate causes of action which must be considered in some detail.

[638]

Paragraph one of the first cause of action alleges that Joseph Smith and Samuel Smith are residents of Bakersfield in Kern County, California; that The San Joaquin Hospital, Inc., Ltd., is located in Kern County and is operated as a hospital; that B. C. Innis is a resident of Newhall in Los Angeles County; that Newhall Community Hospital is a corporation located in Los Angeles County.

Paragraph two contains appropriate allegations concerning the fictitious defendants.

Paragraph three alleges the corporate existence of The San Joaquin Hospital, Inc., Ltd., and that its principal place of business is in the city of Bakersfield, in Kern County, California.

Paragraph four alleges that plaintiffs are husband and wife.

Paragraph five alleges that Joseph Smith is a duly licensed physician and surgeon practicing in Bakersfield, Kern County, California; that Samuel Smith is a duly licensed dentist practicing in the same city; that B. C. Innis is a duly licensed physician and surgeon practicing in Newhall, Los Angeles County, California.

Paragraph six alleges that on June 15, 1940, Wanda Kraft employed all the defendants to treat and care for certain described injuries; that she entered The San Joaquin Hospital on that day for treatment by all defendants.

Paragraph seven alleges the standards of good medical practice in Kern County require the taking of X-ray pictures of injuries such as those from which Wanda Kraft was suffering; that Doctor Joseph Smith negligently failed to have such X-ray pictures taken.

Paragraph eight alleges other standards of good practice in Kern County, and negligence on the part of Doctor Joseph Smith in failing to follow them.