What is the test for determining the meaning of a provision in a medical malpractice case?
California, United States of America
The following excerpt is from Scheenstra v. Cal. Dairies, Inc., 153 Cal.Rptr.3d 21, 213 Cal.App.4th 370 (Cal. App. 2013):
application of that meaning to the facts presented. (See Smith v. Adventist Health System/West (2010) 182 Cal.App.4th 729, 754, fn. 17, 106 Cal.Rptr.3d 318 [ application of a provision to a particular fact pattern is different than determining the meaning of a particular term].) Therefore, we also address the standard of review that governs the application of an interpretation to the facts of a case.
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