wrongful death Code Civ

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California: Authoritative-Law Dictionary: Table of Contents

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Wrongful death specifically "against a health care provider Code Civ. Proc., § 340.5
(Norgart v. Upjohn Co)

FN 5. We observe in passing that, for a cause of action for wrongful death specifically "against a health care provider based upon such person's alleged professional negligence" (Code Civ. Proc., § 340.5)-which the Norgarts did not bring in the operative complaint-the statute of limitations incorporates both the general rule for defining the accrual of a cause of action and also the discovery rule as an exception thereto, inasmuch as it generally prescribes a limitations period of three years from the date on which the cause of action becomes complete with all of its elements, that is, the date of death, or a limitations period of one year after the date on which the plaintiff comes at least to suspect, or have reason to suspect, a factual basis therefor, depending on which of the two dates is the earlier. (Ibid.) For such a cause of action, the operation of the discovery rule is effectively limited by the operation of the general rule. (See, e.g., Brown v. Bleiberg (1982) 32 Cal.3d 426, 432 [186 Cal.Rptr. 228, 651 P.2d 815].) Whether any assumed operation of the discovery rule should similarly be limited for a cause of action for wrongful death generally is a question we need not, and do not, answer.

Norgart v. Upjohn Co. (1999) 21 Cal.4th 383 , 87 Cal.Rptr.2d 453; 981 P.2d 79

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Statute of limitations Jolly Discovery Rule (Norgart v. Upjohn Co)    jj
Action Statute of Limitations Passage of time Prejudicial (Norgart v. Upjohn Co.)
Actions Statute of Limitations plaintiff may have reason to discover cause of action (Norgart v. Upjohn Co.)
Statute of limitations affirmative defense disfavored analysis (Norgart v. Upjohn Co)
Actions statute of limitations affirmative defense Norgart v Upjohn
Actions statute of limitations affirmative defense favored Norgart v Upjohn
Actions statute of limitations affirmative defense disfavored Norgart v Upjohn
Statute of limitations as affirmative defense disfavored. analysis (Norgart v. Upjohn Co)
Ignorant of the name of a defendant must be stated in the complaint eg Doe
Bruton v. United States, supra, 391 U.S. 123 [20 L.Ed.2d 476]
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