Sam

INTRODUCTION

This case arises from defendant Garfield Beach CVS, LLC (CVS) incorrectly 1 filling plaintiff Joseph Sam’s prescription, resulting in plaintiff overdosing on Doxepin

(sleeping pills). Sam appeals from judgment entered after the trial court granted CVS’s

motion for summary judgment on the ground plaintiff’s professional negligence

(malpractice) and fraud claims were barred by the one-year statute of limitations.

Plaintiff contends there were material triable issues of fact as to whether his claims were

barred by the statute of limitations. Plaintiff also argues his fraud claim is a proper

theory of recovery, separate and distinct from his malpractice claim. We conclude it is

undisputed plaintiff’s malpractice and fraud claims are barred by the one-year statute of

limitations under Code of Civil Procedure section 340.5.1 Even if plaintiff’s fraud claim

is not barred, plaintiff is unable to prevail on his fraud claim as a matter of law.

Summary judgment is therefore affirmed.

II

FACTS AND PROCEDURAL BACKGROUND

In 2009, Dr. Schwartz began prescribing Doxepin 10 mg for plaintiff’s insomnia.

On March 11, 2010, plaintiff picked up his refilled prescription for…