ALCOTT REHABILITATION HOSPITAL, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; PEGGY SMITH, an Incompetent Person, etc., Real Party in Interest., 93 Cal. App. 4th 94

Summary

The elderly woman was an inpatient at the facility. Both of her legs were amputated allegedly as a result of the facility's failure to provide her with proper care. The facility claimed the one-year statute of limitations in Cal. Code Civ. Proc. § 340.5 barred the wrongful acts and omissions occurring on or before the first admission. However, the statute of limitations was tolled because the elderly woman was insane pursuant to Cal. Code Civ. Proc. §352. The facility did not contest that plaintiff was insane, and the one-year statute of limitations was tolled by the insanity provision. The trial court properly denied the facility's motion for summary judgment.