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SMITH v. BEN BENNETT, INC.

No. E035349.

35 Cal.Rptr.3d 612 (2005)

133 Cal.App.4th 1507

Sarabell SMITH, individually and as Successor in Interest, etc., Plaintiff and Appellant, v. BEN BENNETT, INC., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

November 10, 2005.

Attorney(s) appearing for the Case

Law Offices of Federico Castelan Sayre, Federico C. Sayre, Kent M. Henderson, Juan C. Victoria, and Leon C. Summer, Santa Ana, for Plaintiff and Appellant.

Campbell, Volk & Lauter, John B. Campbell, San Diego, and J. Douglas Caffarel, for Defendant and Respondent Ben Bennett, Inc.

Tuverson, Kramer & DeBoer and Kathleen A. Stosuy, Indian Wells, for Andrew Philip Corr, M.D., as Amicus Curiae on behalf of Defendant and Respondent.

Certified for Partial Publication.*

OPINION

RICHLI, J.

In this case, we must decide whether the statute tolling the limitations period for an action based on a health care provider's "professional negligence" (Code Civ. Proc., § 364, subd. (d); see also id., subd. (a)) applies to a claim against a health care provider for the enhanced remedies available under the Elder Abuse and Dependent Adult Civil Protection...

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