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KELEMEN v. SUPERIOR COURT

Docket No. 21686.

136 Cal.App.3d 861 (1982)

186 Cal. Rptr. 566

TANJA KELEMEN, a Minor, etc., Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; MERCY HOSPITALS OF SACRAMENTO, Real Party in Interest.

Court of Appeals of California, Third District.

October 22, 1982.

Attorney(s) appearing for the Case

COUNSEL

Klein & deVries and Douglas K. deVries for Petitioner.

No appearance for Respondent.

Diepenbrock, Wulff, Plant & Hannegan, John S. Gilmore, Charity Kenyon and Michele Bach for Real Party in Interest.

OPINION

PUGLIA, P.J.

We issued an alternative writ of prohibition to consider whether the trial court exceeded its jurisdiction in setting a separate trial to determine whether the statute of limitations contained in Code of Civil Procedure section 340.5 or that in Civil Code section 29 controls a minor's cause of action for injuries allegedly caused by medical malpractice before or...

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