Gomez v. Valley View Sanitorium

Opinion

BROWN (Gerald), P. J.

Plaintiffs appeal a judgment dismissing their action after a general demurrer to the second amended complaint had been sustained without leave to amend. The demurrer and ruling were based upon the running of the statute of limitations on plaintiffs’ wrongful death action.

Plaintiffs are the surviving spouse and children of Julian Perea Gomez, Sr., who died on February 5, 1976, when he wandered away from defendant’s nursing and rest home. Defendant is a health care provider within the meaning of Code of Civil Procedure section 340.5, which provides a statute of…