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California Court of Appeal


Rubenstein v. Doe, 066722

In a complaint alleging childhood sexual abuse brought by a former high-school track athlete against her former coach and school, filed when plaintiff was 34 years old, the trial court's dismissal of the suit is reversed where: 1) the action is not time barred simply because plaintiff did not file an amended complaint or re-file the certificates of merit within 30 days after the court issued its order on the petition; and thus 2) the trial court erred in citing this purported defect as a basis for sustaining defendant's demurrer without leave to amend.

Appellate Information

  • Published 2016/03/22

Judges

  • McINTYRE

Court

  • California Court of Appeal

Counsel

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