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California Court of Appeal


Unruh-Haxton v. Regents of the Univ. of California, G037749

In an action instituted by patients who received fertility treatments from doctors in the late 1980's wherein several news sources in 1995 reported that those doctors had been stealing human genetic material from patients receiving fertility treatments, judgment for defendants based on the actions being time-barred under Code of Civ. Pro. section 340.5 is reversed in part primarily where constructive suspicion based on publicity alone was insufficient to impute knowledge of harm for purposes of triggering the statute of limitations.

Appellate Information

  • Decided 04/23/2008
  • Published 04/23/2008

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Niddrie, Fish & Buchanan and Martin N. Buchanan for Plaintiffs and Appellants, Margaret Unruh-Haxton et al.

  • For Appellees:
  • Beam, Brobeck, West, Borges & Rosa, Byron J. Beam, Santa Ana;  Greines, Martin, Stein & Richland, Martin Stein, Carolyn Oill, Lillie Hsu, Los Angeles, for Defendants and Respondents, the Regents of the University of California et al., Carroll, Kelly, Trotter, Franzen & McKenna, Mark V. Franzen, Dimitriy Cherepinskiy, and David P. Pruett, Long Beach, for Defendants and Respondents, Garden Grove Hospital and Medical Center;  Tenet Healthcare Corporation.
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