Tzolov

—When an individual has been injured so severely as to be rendered “ ‘incapable of caring for [his or her] property or transacting business, or understanding the nature or effects of [his or her] acts’” (DeRose v. Carswell (1987) 196 Cal.App.3d 1011, 1027 [ 242 Cal.Rptr. 368 ], quoting from Hsu v. Mt. Zion Hospital (1968) 259 Cal.App.2d 562, 571 [ 66 Cal.Rptr. 659 ]), California has followed the general rule that the period of the statute of limitations applicable to the incompetent’s action for the injuries will not begin so long as the incompetence continues. (Code Civ. Proc., § 352, subd. (a)2; Weinstock v. Eissler (1964) 224 Cal.App.2d 212, 231-232 [ 36 Cal.Rptr. 537 ]; 3 Witkin, Cal. Procedure (3d ed. 1985) Actions, §485, p. 515.) When the injuries have apparently rendered the potential plaintiff permanently incompetent, should appointment of a guardian ad litem to maintain the incompetent’s action start the statutory period? We conclude it should not.

Drake Bryan Tzolov was rendered incompetent by grave head injuries he received in an accident on January 27, 1983. His incompetence has continued since that date and the parties acknowledge it is probably permanent.…