Brooks v. Mercy Hospital

Opinion

KANE, Acting P. J.

Plaintiff Ernest J. Brooks appeals from a judgment of dismissal entered in favor of defendant Mercy Hospital after the trial court sustained defendant’s demurrer to plaintiff’s complaint on statute of limitations grounds. Plaintiff argues the trial court erred because it failed to apply the tolling provision set forth at Code of Civil Procedure section 352.1, 1 which grants a two-year tolling of the statute of limitations to persons who are imprisoned “for a term less than for life.” (§ 352.1, subd. (a).) Plaintiff contends that, under a long-standing judicial…