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DUNCAN v. SPIVAK

No. F034907.

114 Cal.Rptr.2d 166 (2001)

94 Cal.App.4th 245

Russell DUNCAN, Plaintiff and Appellant, v. Yemelyan SPIVAK, Defendant and Respondent. Shari Duncan, Plaintiff and Appellant, v. Yemelyan Spivak, Defendant and Respondent.

Court of Appeals of California, Fifth District.

Review Denied February 27, 2002.

Attorney(s) appearing for the Case

Jeffrey L. Wall, Fresno; Wills & Benoit, Thomas W. Wills, Salinas; Richter & Rouhani, Michael Richter; and Carl A. Mounteer, Monterey, for Plaintiffs and Appellants.

McCormick, Barstow, Sheppard, Wayte & Carruth, Mario L. Beltramo, Jr., and Patrick M. Martucci, Fresno, for Defendant and Respondent.

OPINION

ARDAIZ, P.J.

INTRODUCTION

Plaintiffs and appellants Russell Duncan (Duncan) and Shari Duncan (Mrs. Duncan) (collectively the Duncans) appeal from the judgment entered after the trial court granted summary judgment in favor of defendant and respondent Yemelyan Spivak, M.D. (Spivak). Duncan contends the trial court erred in concluding the one-year limitations period set forth in Code...

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