No. B176692.

32 Cal.Rptr.3d 649 (2005)

131 Cal.App.4th 1272

DAVID M., a Minor, etc., Plaintiff and Appellant, v. BEVERLY HOSPITAL et al., Defendants and Respondents.

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

August 12, 2005.

Attorney(s) appearing for the Case

Law Offices of Thomas Edward Wall, Thomas Edward Wall, Rancho Palos Verdes, for Plaintiff and Appellant.

D'Anthony, Poliquin & Doyle, Daniel W. Doyle, Laguna Hills, David K. Lehm for Defendant and Respondent Beverly Hospital.

Cotkin, Collins & Ginsburg, William H. Ginsburg, Los Angeles, Terry L. Kesinger, Santa Ana, for Defendant and Respondent Rodney Cotner.


The principal issue in this case is which of two statutes of limitations is applicable where a physician negligently fails to report suspected child abuse.

On the one hand, the general three-year statute of limitations for a statutorily created liability (Code Civ. Proc., § 338, subd. (a)),1 such as the obligation of physicians and others mandated by statute to report reasonable suspicions of child abuse (Pen.Code...

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