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BEVERLY HOSPITAL v. SUPERIOR COURT OF LOS ANGELES CTY.

Docket No. B076636.

19 Cal.App.4th 1289 (1993)

24 Cal. Rptr.2d 238

BEVERLY HOSPITAL et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; KATHRYN CASTANEDA, Real Party in Interest.

Court of Appeals of California, Second District, Division Seven.

October 28, 1993.

Attorney(s) appearing for the Case

COUNSEL

Kenneth N. Mueller, Greg R. Bunch, Alan L. Rushfeldt, Kathryn S.M. Mosely, William Gitt, Irving H. Greines, Marc J. Poster and Sheila S. Kato for Petitioners.

No appearance for respondent.

David M. Harney, Thomas Kallay, Carl A. McMahan, Esner, Marylander, Zakheim & Higa, Stuart B. Esner and Billie Ann U. Higa for Real Party in Interest.

OPINION

JOHNSON, J.

In this case we hold a mistrial, new trial or reversal of the judgment on appeal automatically restarts the time limitations on discovery. Thus, where a mistrial was declared, plaintiff's subsequent demand for exchange of expert witness information was timely because it was made more than 70 days before the date set for retrial.

FACTS AND PROCEEDINGS BELOW

This is a medical malpractice action...

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