Barker v. Garza, Court of Appeal, Second District, Division 8, California, B237916
Aug 22, 2013OUTCOME: The Court of Appeal affirmed the trial court's order sustaining Defendant's demurrer.
We represented the defendant, a registered psychiatric nurse. Plaintiff appealed the dismissal of her claim pursuant to the Drug Dealer Liability Act (DDLA), Health and Safety Code section 11700 et se ... q., which was based upon the death of her brother due to an overdose of controlled substances allegedly supplied by Defendant. The trial court sustained Defendant's demurrer to Plaintiff's DDLA claim in her second amended complaint (SAC) without leave to amend on the ground that it was untimely pursuant to the one-year statute of limitations in the DDLA.
