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VIBERT v. BERGER

Docket No. L.A. 28498.

64 Cal.2d 65 (1966)

410 P.2d 390

48 Cal. Rptr. 886

ROGER W. VIBERT, Plaintiff and Appellant, v. WILLIAM D. BERGER, Defendant and Respondent.

Supreme Court of California. In Bank.

February 2, 1966.

Attorney(s) appearing for the Case

William Jerome Pollack for Plaintiff and Appellant.

Belcher, Henzie & Biegenzahn and George E. Moore for Defendant and Respondent.

PEEK, J.

Plaintiff brought suit against William D. Berger, a dentist, and others for malpractice. Berger's demurrer to plaintiff's second amended complaint was sustained without leave to amend on the ground that the action had not been commenced within the time provided by statute (Code of Civ. Proc., § 340, subd. 3), and a judgment of dismissal was subsequently entered. Following appeal by plaintiff, Berger moved to dismiss on the ground that each of plaintiff...

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