Aronson

Petitioners Aronson and Stanford University, defendants in a medical malpractice action brought by real party/plaintiff Matthew A., a minor, each seek a writ of mandate to compel the trial court to sustain demurrers to the amended complaint based on the statute of limitations applicable to minors’ medical malpractice actions. (Code Civ. Proc., § 340.5.) We consolidate these petitions for decision because they raise the identical issue. The trial court overruled the demurrers because it concluded that a factual question was raised by the retroactive application of the limitations period, namely, whether the plaintiff had a reasonable time within which to file his complaint. We do not think the issue here raises a question of fact; rather, the constitutionality of retroactive application of the statute must be determined by the court. We conclude that the statute applies, barring the action. Accordingly the writ must issue.

Facts

Matthew’s complaint alleges that he was bom on July 19,1971, that defendants’ negligence in providing prenatal and delivery care caused him to suffer “birth brain injuries” resulting in his total paralysis and inability to speak, and that some of…