Guardian North Bay, Inc. v. Superior Court

I. Introduction

In these original proceedings, we consider an issue of first impression arising from elder abuse litigation: whether the statute of limitations applicable to a civil action for damages against a health care provider convicted of felony elder abuse (Pen. Code, § 368) is Code of Civil Procedure section 340.5, which provides a maximum three-year limitations period for medical malpractice actions, or Code of Civil Procedure section 340.3, which provides a limitations period of at least one year after the judgment of conviction for an action based on the defendant’s commission of a felony offense.

After petitioner Guardian North Bay, Inc. (Guardian) pleaded no contest to six counts of felony elder abuse of patients, three actions for damages were filed against Guardian. The complaints allege that Guardian was convicted of violating Penal Code section 368 by willfully injuring or endangering plaintiffs’ deceased parents while they were patients in Guardian’s skilled nursing facility. Guardian contended in its demurrers to the complaints that the actions are time-barred by section 340.5, because the actions were not filed within the three-year limitations…