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  5. 114 Cal.Rptr.2d 748 (2001)
 

GUARDIAN NORTH BAY, INC. v. SUPERIOR COURT

Nos. H022416, H022417, H022418.

114 Cal.Rptr.2d 748 (2001)

94 Cal.App.4th 963

GUARDIAN NORTH BAY, INC., Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent; Arlene Myers, Real Party in Interest. Guardian North Bay, Inc., Petitioner, v. The Superior Court of Santa Clara County, Respondent; Jeffrey Spencer, Real Party in Interest. Guardian North Bay, Inc., Petitioner, v. The Superior Court of Santa Clara County, Respondent; Kathleen Case et al., Real Parties in Interest.

Court of Appeals of California, Sixth District.

Review Denied March 27, 2002.

Attorney(s) appearing for the Case

Robert K. Lawrence, Oakland, Paul B. Schroeder, Saratoga, Bjork Lawrence, Robert A. Olson, Alan Diamond, Beverly Hills, Greines, Martin, Stein & Richland, Attorneys for Petitioner.

Mark E. Reagan, San Francisco, Mark A. Johnson, Hooper, Lundy & Bookman, for California Association of Health Facilities as Amicus Curiae on behalf of Petitioner.

Allen H. Fleishman, San Jose, Heidi R. Larson, Attorneys for Real Party in Interest.

No Appearances for Respondent.

ELIA, J.

I. INTRODUCTION

In these original proceedings, we consider an issue of first impression arising from elder abuse litigation: whether the statute of limitations applicable to a civil action for damages against a health care provider convicted of felony elder abuse (Pen.Code, § 368) is Code of Civil Procedure section 340.5, which provides a maximum three-year limitations period for medical malpractice actions, or Code of Civil Procedure...

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