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DEPT. OF MENTAL HYGIENE v. HSU

Docket No. 20584.

213 Cal.App.2d 825 (1963)

29 Cal. Rptr. 244

DEPARTMENT OF MENTAL HYGIENE, Plaintiff, Cross-defendant and Respondent, v. LILY HSU et al., Defendants, Cross-complainants and Appellants; NAPA STATE HOSPITAL et al., Cross-defendants and Respondents.

Court of Appeals of California, First District, Division Three.

March 13, 1963.

Attorney(s) appearing for the Case

George Olshausen for Defendants, Cross-complainants and Appellants.

Stanley Mosk, Attorney General, and John Carl Porter, Deputy Attorney General, for Plaintiff, Cross-defendants and Respondents.

DRAPER, P.J.

The question here is whether the one-year statute of limitations (Code Civ. Proc., § 340, subd. 3, or the two-year provision (Code Civ. Proc., § 339, subd. 1), applies to an action for malicious prosecution.

Plaintiff department sued to recover costs of care of defendants, husband and wife, during their separate commitments to Napa State Hospital. Defendants cross-complained, joining with...

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