1 Cal. App. 5th 1
Cal. Ct. App.2016Background
- Ernest J. Brooks, an inmate at Corcoran State Prison serving an indeterminate life sentence with possibility of parole, was treated at Mercy Hospital in April 2013 and alleges negligent medical care.
- Brooks served a notice of intent to sue on September 5, 2013 and filed his complaint on September 24, 2014.
- Mercy Hospital demurred on statute-of-limitations grounds under Cal. Code Civ. Proc. § 340.5 (health-care professional negligence one-year discovery rule / three-year outer limit).
- The trial court sustained the demurrer without leave to amend, concluding § 352.1 (prisoner tolling) did not apply because Brooks was serving a life sentence.
- Judgment of dismissal was entered; Brooks appealed arguing § 352.1 tolling applies to inmates serving life with parole eligibility based on judicial construction in Grasso.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 352.1 tolling applies to a prisoner serving an indeterminate life sentence with parole eligibility | Brooks: § 352.1’s phrase "for a term less than for life" should be read per Grasso to include those with parole eligibility; thus two-year toll applies | Mercy: literal reading excludes anyone serving a life sentence from § 352.1 tolling | Court: Agrees with Grasso; § 352.1 tolling applies to life-term prisoners who have possibility of parole; trial court erred in denying tolling |
| Whether Brooks’s complaint was time-barred under § 340.5 after applying § 352.1 tolling | Brooks: tolling extends his one-year discovery period such that filing was timely | Mercy: without tolling, Brooks’s filing was untimely (more than one year after discovery/notice) | Court: Because tolling should have applied, demurrer sustained below was erroneous; remanded with instruction to overrule demurrer |
Key Cases Cited
- Grasso v. McDonough Power Equipment, Inc., 264 Cal.App.2d 597 (Cal. Ct. App. 1968) (construed predecessor tolling statute to apply to life-termers who have parole possibility)
- Belton v. Bowers Ambulance Service, 20 Cal.4th 928 (Cal. 1999) (held § 352.1 tolling applies to § 340.5 one-year discovery period but cannot extend beyond § 340.5’s three-year outer limit)
- De Lancie v. Superior Court, 31 Cal.3d 865 (Cal. 1982) (historical discussion of civil rights of life-term prisoners)