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Statute of Limitations

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If a statute prescribes a time limit within which a petition, appeal or other pleading must be filed, it will be treated as jurisdictional only if Congress clearly states that the time limit is jurisdictional.  Jurisdictional time limits cannot be waived or forfeited, must be raised by courts sua sponte, and do not allow for equitable exceptions.  Here, the Court… Read More

Following Delaney v. Baker (1999) 20 Cal.4th 23, this decision holds that MICRA's one-year limitations on medical malpractice claims and $250,000 limit on non-economic damages did not apply to this elderly woman who was sexually assaulted by the defendant elder care facility's male attendant, based on a jury's finding that the defendant was not only guilty not only of general… Read More

Following Delaney v. Baker (1999) 20 Cal.4th 23, this decision holds that MICRA's one-year limitations on medical malpractice claims and $250,000 limit on non-economic damages did not apply to this elderly woman's who was sexually assaulted by the defendant elder care facility's male attendant, based on a jury's finding that the defendant was not only guilty not only of general… Read More

The trial court abused its discretion in dismissing this action as a sanction under CCP 128.7 on the ground that there was no reasonable ground for thinking it was not barred by the statute of limitations.  The action sought to quiet title to the property that the plaintiff had purchased in 2008 with knowledge of prior agreements purportedly assigning "coverage… Read More

CCP 340.5's one-year statute of limitations, not the general two-year limitations period for personal injuries applied to this action by an emergency room patient who was injured when she collapsed on the way back from the bathroom.  The emergency room nursing staff made a medical decision that the patient did not need to be accompanied to and from the restroom. … Read More

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