Steingart

Plaintiffs and appellants Theresa M. Steingart (Steingart) and Robert A. Steingart (the Steingarts) appeal an order granting summary judgment in favor of defendants and respondents John S. White, Jr., M.D., and John S. White, Jr., M.D., Inc. (White).

Because the trial court erroneously applied the medical malpractice statute of limitations found in Code of Civil Procedure section 340.5 (section 340.5) to Steingart’s action against White, the judgment must be reversed.

Factual and Procedural Background

“Inasmuch as this case reaches us on appeal from a summary judgment in favor of [White], we need only determine whether there is a reasonable possibility that [Steingart] may be able to establish [their] case. . . . [A] defendant . . . must conclusively negate a necessary element of plaintiff’s case or establish a complete defense, and thereby demonstrate that under no hypothesis is there a material factual issue which requires the process of a trial. [Citations.]” (Tresemer v. Barke (1978) 86 Cal.App.3d 656, 661-662 [ 150 Cal.Rptr. 384 , 12 A.L.R.4th 27 ].)

Steingart’s deposition and the affidavits filed by White in support of his motion for summary judgment established…