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BENUN v. SUPERIOR COURT

No. B174606.

20 Cal.Rptr.3d 26 (2004)

123 Cal.App.4th 113

Sam BENUN et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Country Villa East, L.P., etc., et al., Real Parties in Interest.

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

Review Denied January 19, 2005.

Attorney(s) appearing for the Case

Berglund, Johnson & Sommer, Jerrie S. Weiss, and Andrina G. Hanson, Woodland Hills, for Petitioners.

No appearance for Respondent.

Morris, Polich & Purdy, David L. Brandon, Marc S. Katz, Richard H. Nakamura, Jr., Bryan Carney and Pamela A. Mixon, Los Angeles, for Real Parties in Interest Country Villa East, L.P., doing business as Country Villa Terrace Nursing Center, Eldon Teper, Reissman Family Trust, Joel Saltzburg, Edie Rowles, John Libby, Rachel C. Bennett, Anthony Pham and Country Villa Services Corp., doing business as Country Villa Health Services.

Fonda & Fraser, Peter M. Fonda, Los Angeles, and Cecille L. Hester, for Real Party in Interest Payman Khorrami.

CURRY, J.

INTRODUCTION

Plaintiffs seek review of superior court orders, which granted partial judgment on the pleadings as to their statutory cause of action for custodial elder abuse (Welf. & Inst.Code, § 15600 et seq.) by health care providers and others (a long-term nursing home and its administrator, staff and management company, and a physician) on the ground the cause is time-barred by the Code of Civil Procedure section 340.5 three-year statute...

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