White

Statement of the Case

This is an appeal from a judgment entered after the trial court dismissed appellant’s medical malpractice action pursuant to Code of Civil Procedure section 583, subdivision (b), which provides for the mandatory dismissal of an action not brought to trial within five years. Appellant is a minor born on February 4, 1972; her guardian ad litem in this appeal is her mother Donna Dambacker. Respondents are Robert W. Renck, Ben R. Boise, Sonora Medical Group, Inc., and Sonora Community Hospital, the medical defendants who obtained the dismissal.

Appellant’s sole contention is that dismissal pursuant to section 583, subdivision (b), was improper because the 5-year period was tolled during a 200-day hiatus when she was unrepresented by a guardian ad litem.

The complaint herein, and a petition to have appellant’s father, Matt White, appointed as her guardian ad litem were filed on February 5, 1973. On that same day, the court ordered that Matt White be so appointed. Mr. White died on January 18, 1976. For reasons not disclosed by the record, a second guardian ad litem for appellant was not appointed until approximately 200 days later. On August 4, 1976,…