Benun

INTRODUCTION

Plaintiffs seek review of superior court orders, which granted partial judgment on the pleadings as to their statutory cause of action for custodial elder abuse (Welf. & Inst. Code, § 15600 et seq.) by health care providers and others (a long-term nursing home and its administrator, staff and management company, and a physician) on the ground the cause is time-barred by the Code of Civil Procedure section 340.5 three-year statute of limitations. Plaintiffs contend that section 340.5—the statute of limitations for actions for injury or death against health care providers based upon professional negligence—is not the applicable statute of limitations in actions for elder abuse. We agree and therefore grant the petition for writ of mandate.

FACTUAL AND PROCEDURAL BACKGROUND

The material allegations set forth in the operative complaint are that defendants (Country Villa East. L.P., doing business as Country Villa Terrace Nursing Center, Eldon Teper, Reissman Family Trust, Joel Saltzburg, Eddie Rowles, John Libby, Rachel C. Bennett, Terri Sweeny, Machelle Thompson, Karen Clama, R.N., and Payman Khorrami, M.D., hereafter collectively referred to as defendants)…