Saturday, October 24, 2009

Would not California Code of Civil Procedeure 335.1 supersede CCP340.5 ?

CPP 335.1 Pocket Supplement is a new law that states negligence or injury "suit" must be filed within two years.

CCP 340.5 states one year.
Answer:
CCP 335.1 (which is not very new, it was enacted in 2002) concerns actions for assault, battery, or injury or death caused by the wrongful act of another. That is a two year statute.

CCP 340.5 concerns an action against a health care provider for injury or death caused by professional negligence. That statute provides for filing within 3 years of injury or one year of discovery, which ever happens first.

Since these statutes concern two different theories of liability, neither supersedes the other.

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