Mauro Gumpal v. Queen of the Valley Medical Center, et al.

Case No.: 17CV001391    

1) DEFENDANT JENNIFER GUNNELL, M.D.’S DEMURRER TO PLAINTIFF’S
COMPLAINT
TENTATIVE RULING: Defendant’s Demurrer is SUSTAINED WITHOUT LEAVE
TO AMEND. Plaintiff’s Complaint is barred by Code of Civil Procedure section 340.5, which provides: “[i]n an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.” (Emphasis added.) In Plaintiff’s Complaint, Plaintiff alleges that the injury occurred between August 2009 and August 2010, which would require Plaintiff to file his complaint by August 2013 at the latest. Even if the statute of limitations was tolled by Code of Civil Procedure section 352.1, subdivision (a), that would extend the time period for Plaintiff to file his compla........