Smith v. Ben Bennett, Inc.

Opinion

RICHLI, J.

In this case, we must decide whether the statute tolling the limitations period for an action based on a health care provider’s “professional negligence” (Code Civ. Proc., § 364, subd. (d); see also id., subd. (a)) applies to a claim against a health care provider for the enhanced remedies available under the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code, § 15600 et seq.) (hereafter the Elder Abuse Act or the Act). We will hold that it does not. Accordingly, the trial court properly sustained a demurrer to the plaintiff’s elder abuse claims on the…