California Court of Appeal
St. Francis Mem. Hosp. v. CA Dept. of Pub.Health, 150545
The 1st Appellate District Court affirmed the decision to sustain the defendants demurrer based on the statute of limitations. An Administrative Judge Law ruled against plaintiff for leaving a sponge inside of a patient. Plaintiff attempted to request a reconsideration for the final Administrative Law Judges decision and then when that was unsuccessful petitioned the court for a writ of administrative mandate. The Appellate Court held that the writ was untimely filed and that there was no Equitable Estoppel or Tolling available because it was a mistake of law and not fact.
Appellate Information
- Published 2018/06/15
Judges
- Humes
Court
- California Court of Appeal