Legal Opinion
Wohlgemuth v. Meyer
California Court of Appeal
Decided February 20, 1956No. Civ. 16379PublishedCited by 39 opinions
1Opinion of the CourtBray, J.
Plaintiff appeals from a judgment entered upon an order sustaining demurrer without leave to amend.
Questions Presented
1. Does the statute of limitations (Code Civ. Proc., §340, subd. (3)) applicable to the wrongful death statute (Code Civ. Proc., § 377) act as a bar to the right or only to the remedy?
2. If the limitation is merely procedural, were sufficient facts pleaded to toll the statute?
Record
The amended complaint charged all defendants with malpractice in negligently causing the death of plaintiff’s wife. She died July 4, 1952. The action was filed more than one year later, December 4,…
2Cases cited13 opinions
- Wennerholm v. Stanford University School of MedicineCalifornia Supreme Court · 1942
- Farrell v. County of PlacerCalifornia Supreme Court · 1944
- Stafford v. ShultzCalifornia Supreme Court · 1954
- Maryland Ex Rel. Burkhardt v. United StatesCourt of Appeals for the Fourth Circuit · 1947
- Myers v. StevensonCalifornia Court of Appeal · 1954
8 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Larcher v. WanlessCalifornia Supreme Court · 1976
- Morgan v. Grace Hospital, Inc.West Virginia Supreme Court · 1965
- McGowan v. University of ScrantonCourt of Appeals for the Third Circuit · 1985
- Weinstock v. EisslerCalifornia Court of Appeal · 1964
- Hahn v. MirdaCalifornia Court of Appeal · 2007
34 more not listed; retrieve them via the Exa API.