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ANDERSEN v. BARTON MEMORIAL HOSPITAL, INC.

Docket No. 24297.

166 Cal.App.3d 678 (1985)

212 Cal. Rptr. 626

ARNE ANDERSEN et al., Plaintiffs, v. BARTON MEMORIAL HOSPITAL, INC., et al., Defendants and Respondents; CINDY LEE BURRIS, Intervener and Appellant.

Court of Appeals of California, Third District.

April 8, 1985.

Attorney(s) appearing for the Case

COUNSEL

Wilcoxen & Callahan and Gary H. Gale for Intervener and Appellant.

Kroloff, Belcher, Smart, Perry & Christopherson, Thomas O. Perry, Harry A. Allen, Weintraub, Genshlea, Hardy, Erich & Brown and Denise J. Fischer for Defendants and Respondents.

OPINION

SIMS, J.

The issue here is whether an alleged heir whose cause of action for wrongful death (Code Civ. Proc., § 377)1 is barred by the statute of limitations (§ 340.5) may nonetheless participate in a wrongful death action, timely filed by other heirs of the deceased, by way of a complaint in intervention. We conclude the statute of limitations...

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