Enfield

In this medical malpractice action plaintiffs Joseph and Claire Enfield appeal from a summary judgment in favor of defendants Drs. Hunt. Hirabayashi, and Mannis which was granted on the theory that plaintiffs’ first amended complaint, depositions, and answers to interrogatories establish as a matter of law that the claim is barred by the statute of limitations. Defendants contend the action was filed more than “one year after the plaintiff discovered], or through the use of reasonable diligence should have discovered, the injury . . . .” (Code Civ. Proc., § 340.5; Sanchez v. South Hoover Hospital, 18 Cal.3d 93, 96-97 [ 132 Cal.Rptr. 657 . 553 P.2d 1129 ].)

We preface our statement of facts with a brief statement of the governing legal principles. In a suit for medical malpractice the one-year statute of limitations commences to run when the plaintiff discovers the injury and its negligent cause or through the exercise of reasonable diligence should have discovered them. (Sanchez v. South Hoover Hospital, supra; Whitfield v. Roth, 10 Cal.3d 874, 885 [ 112 Cal.Rptr. 540 , 519 P.2d 588 ]; Wozniak v. Peninsula Hospital, 1 Cal.App.3d 716, 722 [ 82 Cal.Rptr. 84 ].)

When there…