Barker

Abigail Barker appeals the dismissal of her claim against Cari Eileen Garza pursuant to the Drug Dealer Liability Act (DDLA), Health and Safety Code section 11700 et seq., which was based upon the death of her brother due to an overdose of controlled substances allegedly supplied by Garza, a registered psychiatric nurse. The trial court sustained Garza’s demurrer to Barker’s DDLA claim in her second amended complaint (SAC) without leave to amend on the ground that it was untimely pursuant to the one-year statute of limitations in the DDLA. We affirm.

*1452 FACTUAL AND PROCEDURAL BACKGROUND 1

Because Barker appeals from the sustaining of Garza’s demurrer, we accept as true the facts alleged in the SAC. (Whittemore v. Owens Healthcare-Retail Pharmacy, Inc. (2010) 185 Cal.App.4th 1194, 1197 [ 111 Cal.Rptr.3d 227 ].) Barker’s brother, Matthew Steven Barker, died on June 10, 2008, from an overdose of either the drug fentanyl, or a combination of the drugs fentanyl and Klonopin. 2 At the time of Matthew’s 3 death, Barker was a minor; she reached the age of majority in April 2010 4

Prior to his death, Matthew suffered from mental illness. At various times he was a patient in…

I respectfully dissent.

The statute of limitations applicable to a minor’s causes of action is tolled until his 18th birthday. (Code Civ. Proc., § 352, subd. (a).) 1 This statute “effectuate[s] a deep and long recognized principle of the common law and of this state: children are to be protected during their minority from the destruction of their rights by the running of the statute of limitations. This principle became a part of California statutory law as long ago as 1863 . . . .” (Williams v. Los Angeles Metro. Transit Auth. (1968) 68 Cal.2d 599, 602-603 [ 68 Cal.Rptr. 297 , 440 P.2d 497 ] (Williams).) This special safeguard is required because minors do not have the comprehension or experience of an adult and because they can sue only through a guardian. (West Shield Investigations & Security Consultants v. Superior Court (2000) 82 Cal.App.4th 935, 947 [ 98 Cal.Rptr.2d 612 ].)

The Drug Dealer Liability Act (Health & Saf. Code, § 11700 et seq. (the Act)) provides a civil remedy for damages to persons injured by the use of illegal controlled substances. The Act is designed to permit recovery of damages from those who take part in furnishing or marketing illegal drugs. (Health…

Filed 8/22/13

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

ABIGAIL BARKER, B237916

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. GC 045404) v.

CARI EILEEN GARZA,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Joseph F. De Vanon, Judge. Affirmed.

Law Office of Marilyn M. Smith, Marilyn M. Smith; Law Office of Lisa Fisher and Lisa Fisher for Plaintiff and Appellant.

Carroll, Kelly, Trotter, Franzen & McKenna, Mark V. Franzen, Jennifer L. Sturges and Christy Lee Thomasson for Defendant and Respondent.

****** Abigail Barker appeals the dismissal of her claim against Cari Eileen Garza pursuant to the Drug Dealer Liability Act (DDLA), Health and Safety Code section 11700 et seq., which was based upon the death of her brother due to an overdose of controlled substances allegedly supplied by Garza, a registered psychiatric nurse. The trial court sustained Garza‟s demurrer to Barker‟s DDLA claim in her second amended complaint (SAC) without leave to amend on the ground that it was untimely pursuant…