California Court of Appeal

In this suit alleging battery and intentional infliction of emotional distress based on a health care provider's professional negligence during preoperative checkup and administration of anesthesia, the trial court sustained defendants' demurrers without leave to amend on grounds that the Code of Civil Procedure section 340.5 one-year limitation period barred plaintiff's claims. Judgment is affirmed, where because plaintiff's claims constitute a challenge to how defendant-physician performed his professional services, plaintiff's claims are based on professional negligence, not personal injury, and are therefore subject to the section 340.5 limitations period.

Appellate Information

• Decided 10/03/2014
• Published 10/03/2014

Judges

• Aronson

Court

• California Court of Appeal

Counsel