Olivas v. Weiner

This is an action for damages for malpractice growing out of defendant’s attendance upon plaintiff’s birth on December 1, 1931. Plaintiff filed his complaint on June 23, 1953. Defendant’s demurrer was sustained without leave to amend. Plaintiff appeals from the ensuing judgment of dismissal.

This case turns upon thé interpretation and application of section 29 of the Civil Code. * Plaintiff contends that the six-year limitation specified in the amendment, within which to bring such an action, does not apply to him since it was added some 10 years after he was born, at which time the alleged…