Jones

Plaintiff Joy R. Jones sued defendants Catholic Healthcare West and St. Joseph’s Medical Center (St. Joseph’s) for personal injuries she suffered while hospitalized in May 2002. Defendants moved for summary judgment on grounds Jones’s action was barred by the statute of limitations set forth in Code of Civil Procedure section 340.5, and the purported notice of intent to sue which Jones faxed to St. Joseph’s president on February 2, 2004, did not extend the time within which to file an action against defendants. The court granted summary judgment and Jones appeals.

Jones argues her complaint was timely as a matter of law because: (1) the parties entered into a series of tolling agreements that extended the one-year statute of limitations under section 340.5 through January 31, 2004; and (2) her February 2, 2004, letter of intent to sue effectively tolled the statute of limitations for 90 days based on the plain language of section 364. Jones does not challenge the portion of the court’s ruling that there were triable issues of fact whether an earlier letter constituted a notice of intent to sue, as argued by defendants. However, she emphasizes the correctness of that…