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California Court of Appeal


Barker v. Garza, B237916

Dismissal of plaintiff's claim against defendant pursuant to the Drug Dealer Liability Act (DDLA), which was based upon the death of her brother due to an overdose of controlled substances allegedly supplied by defendant, a registered psychiatric nurse, is affirmed, where: 1) it was untimely pursuant to the one-year statute of limitations in the DDLA; 2) the trial court properly refused to apply minority tolling to plaintiff's DDLA claim; and 3) plaintiff waived her argument that Health and Safety Code section 11714(b) applies to her claim, and even if not, that section does not render her claim timely.

Appellate Information

  • Decided 08/22/2013
  • Published 08/22/2013

Judges

  • FLIER

Court

  • California Court of Appeal

Counsel

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