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ROMO v. ESTATE OF BENNETT

Docket No. 4084.

97 Cal.App.3d 304 (1979)

158 Cal. Rptr. 635

BENJAMIN NATHAN ROMO, a Minor, etc., Plaintiff and Appellant, v. ESTATE OF CHARLES R. BENNETT, Deceased, Defendant and Respondent.

Court of Appeals of California, Fifth District.

September 26, 1979.

Attorney(s) appearing for the Case

COUNSEL

Jerold L. Bloom and Robert M. Fox for Plaintiff and Appellant.

Diepenbrock, Wulff, Plant & Hannegan, John J. Hannegan, Peter M. Doyle and Charity Kenyon for Defendant and Respondent.

OPINION

HOPPER, J.

In this action for damages limited to the extent of liability insurance for medical malpractice alleged to have taken place in 1965 but not discovered by due diligence until 1975, appellant appeals from a summary judgment entered in favor of the respondent grounded upon an alleged bar of Probate Code section 721 enacted in 1971.1 We reverse...

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