Jackson v. Cedars-Sinai Medical Center

Good Law
1990 Cal. App. LEXIS 564·220 Cal. App. 3d 1315·269 Cal. Rptr. 877
Court of Appeal of CaliforniaMay 30, 1990B040293California3,764 words

Opinion

Opinion

Croskey, J.

Plaintiff and appellant Toni Jackson (Jackson) appeals from the dismissal of her complaint following the sustaining of a demurrer without leave to amend in favor of defendant and respondent Cedars-Sinai Medical Center (the hospital). We find the complaint, which alleges that the hospital violated certain clauses of the Lanterman-Petris-Short Act (the LPS Act) (Welf. & Inst. Code, § 5000 et seq.) and the federal Civil Rights Act ( 42 U.S.C. § 1983 ), barred by the applicable statute of limitations, Code of Civil Procedure section 340, subdivision (3). We affirm the judgment.

Facts and Procedural History

Jackson’s first amended complaint alleges the following facts which, for purposes of this appeal, we accept as true. (Ross v. Forest Lawn Memorial Park (1984) 153 Cal.App.3d 988, 991 [ 203 Cal.Rptr. 468 , 42 A.L.R.4th 1049 ].) The hospital is licensed by the State Department of Mental Health and authorized by the Los Angeles County Department of Mental Health to detain persons in its psychiatric unit pursuant to Welfare and Institutions Code section 5150. On July 21, 1983, a Beverly Hills police officer brought Jackson to the hospital for, as quoted in the complaint, “…

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