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Aguirre-Alvarez v. Regents of University of California

11/16/1998

and LAPD agreed to contact the patient's family. Though the telephone number Creary-Jennings recorded in her notes was two digits off from the correct number, the evidence does not show that Creary-Jennings made a recording error rather than that the critically injured decedent reported it incorrectly. Moreover, LAPD had custody of decedent's wallet which contained the residential telephone number as well as other numbers. That the paramedic report had recorded the correct number does not create a triable issue of fact as to lack of diligence since it was not shown that UCLA in fact received a copy.


In any event, Creary-Jennings and Dr. Orlandi each telephoned the number UCLA received from decedent. Nothing in the record indicates that they should have suspected that the number was incorrect. Moreover, UCLA was entitled to rely on LAPD's representation that it would contact decedent's family. The record on appeal does not indicate that such reliance was in any way not in good faith. Thus, appellants could not show that UCLA did not make a reasonable effort to notify decedent's relatives.


Disposition


The judgment is affirmed.


CERTIFIED FOR PUBLICATION.


We concur: NOTT, J. & ZEBROWSKI, J.






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