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California Court of Appeal


DURAN v. ST. LUKE'S HOSP., A102182

Plaintiffs' attorney submitted their medical malpractice complaint to the court together with a check that was $3 short of the filing fee. Trial court properly dismissed the complaint because by the time the correct filing fee was tendered, the statute of limitations had expired.

Appellate Information

  • Decided 12/16/2003
  • Published 12/16/2003

Judges

  • KAY, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Kenneth M. Sigelman & Associates, Kenneth M. Sigelman, Penelope A. Phillips, San Diego, for Appellants.

  • For Appellees:
  • Hassard Bonnington, James M. Goodman, B. Thomas French, Rebecca L. Cachia-Riedl, San Francisco, for Respondent St. Luke's Hospital., Galloway, Lucchese & Everson, Patrick Galloway, Maureen H. Loftis, Walnut Creek, for Respondent Vicki Cordts., Bonne, Bridges, Mueller, O'Keefe & Nichols, Gerhard O. Winkler, San Francisco, for Respondent Women's Health Center.
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