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WELLS FARGO BANK v. SUPERIOR COURT

Docket No. 16391.

74 Cal.App.3d 890 (1977)

141 Cal. Rptr. 836

WELLS FARGO BANK, as Administrator With the Will Annexed, etc., Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; ROBERT T. FISHER, Real Party in Interest.

Court of Appeals of California, Third District.

November 9, 1977.

Attorney(s) appearing for the Case

COUNSEL

Frederick A. Cone for Petitioner.

No appearance for Respondent.

Freidberg & Mart, Edward Freidberg and Robert C. Cross for Real Party in Interest.

OPINION

FRIEDMAN, Acting P.J.

At the time of the events before us, the statute of limitations governing medical malpractice actions was Code of Civil Procedure section 340.5, as adopted in 1970.1 The 1970 statute described the deadline for suit in the following terms: "... four years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have...

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