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FOGARTY v. SUPERIOR COURT

Docket No. 51135.

117 Cal.App.3d 316 (1981)

172 Cal. Rptr. 594

THOMAS J. FOGARTY et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; JAMES E. FLANAGAN, an Incompetent Person, etc., Real Party in Interest.

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

March 25, 1981.

Attorney(s) appearing for the Case

COUNSEL

Rankin, Oneal, Center, Luckhardt, Marlais, Lund & Hinshaw, Mark G. Hyde and Edward A. Hinshaw for Petitioners.

No appearance for Respondent.

Katz & McIntosh, Richard L. Katz and Craig G. McIntosh for Real Party In Interest.

OPINION

CALDECOTT, P.J.

The issue presented by this cause is whether the statute of limitations in an action for damages for malpractice, filed by an incompetent by and through a guardian ad litem, is governed by Code of Civil Procedure section 340.5, or Code of Civil Procedure section 352.

Thomas J. Fogarty, M.D., Wally Buch, M.D., and Robert F. Yario, M.D., filed this petition seeking a writ of mandate to compel respondent...

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