Vibert v. Berger

PEEK, J. Plaintiff brought suit against William D. Berger, a dentist, and others for malpractice. Bergers demurrer to plaintiffs second amended complaint was sustained without leave to amend on the ground that the action had not been commenced within the time provided by statute (Code of Civ. Proc., § 340, subd. 3), and a judgment of dismissal was subsequently entered. Following appeal by plaintiff, Berger moved to dismiss on the ground that each of plaintiffs two notices of appeal was defective. The merits, if any, of defendants motion present the sole question now before us.