Guardian North Bay, Inc. v. Superior Court

Opinion

ELIA, J.

I. Introduction

In these original proceedings, we consider an issue of first impression arising from elder abuse litigation: whether the statute of limitations applicable to a civil action for damages against a health care provider convicted of felony elder abuse (Pen. Code, § 368) is Code of Civil Procedure section 340.5, which provides a maximum three-year limitations period for medical malpractice actions, or Code of Civil Procedure section 340.3, 1 which provides a limitations period of at least one year after the judgment of conviction for an action based on the defendant’s…