Barber

Petitioner (defendant) moved for summary judgment in the superior court on the ground that the medical malpractice complaint of real parties in interest (plaintiffs) is barred by the statute of limitations. The motion was denied and defendant seeks writ review pursuant to Code of Civil Procedure section 437c, subdivision (/). (All further statutory references to sections of an undesignated code are to the Code of Civil Procedure.) We agree that the complaint was not timely filed, and shall issue a writ of mandate directing the respondent superior court to enter judgment in defendant’s favor.

The complaint is based on the alleged failure of defendant, a medical doctor, correctly to diagnose and treat plaintiff Lama Eckhart’s appendicitis. Plaintiff Vance Eckhart, Larna’s husband, seeks damages on his own behalf for loss of consortium. The complaint alleges that on August 14,1989, Larna complained to defendant of chest pains, and that on August 21 she sought treatment from him for vomiting, diarrhea and severe abdominal pain. Defendant concluded she had the flu, prescribed some medication, and sent her home. The next day, August 22, Larna was admitted to the hospital,…