Deptula
Deptula v. Friedman CA2/4
Opinion
Opinion
INTRODUCTION
Appellant Cara Deptula alleged she was injured by dental work performed by respondent Lauren Friedman. Deptula’s last treatment from Friedman was in October 2019, and Deptula alleged she was aware of her injuries and their cause by October 2020. Deptula sued Friedman for medical malpractice more than a year later, in November 2021. Friedman demurred, asserting that Deptula’s claim was time-barred under Code of Civil Procedure, section 340.5,1 which provides that a medical malpractice action must be filed within three years after the date of injury or one year after the plaintiff discovers the injury, whichever occurs first. Relying on Deptula’s express allegation that she had discovered her injuries and their cause in October 2020, the superior court sustained Friedman’s demurrer without leave to amend. Deptula appealed. We affirm. Deptula alleged she was aware of her injuries and their cause in October 2020. We assume the truth of that allegation. Deptula filed her lawsuit over a year later, in November 2021. Deptula’s claim is therefore time-barred under section 340.5.