Rewald
Rewald v. San Pedro Peninsula Hospital
Opinion
Opinion
Croskey, J.
Plaintiffs Ronald Rewald (Ronald) and Nancy Rewald (Nancy; collectively plaintiffs) appeal from orders of dismissal entered in favor of defendants San Pedro Peninsula Hospital (Hospital) and Dr. Melvin Snyder (Snyder; collectively defendants) after the court sustained, without leave to amend, defendants’ demurrers to plaintiffs’ fourth amended complaint for medical malpractice and loss of consortium. The demurrers were based on the statute of limitations for medical malpractice actions (Code Civ. Proc., § 340.5).
Although there are several statute of limitations issues raised in this appeal, we address only one of them because it is dispositive. That issue is: Does the 90-day tolling period provided for in section 364, as construed in Woods v. Young (1991) 53 Cal.3d 315 [ 279 Cal.Rptr. 613 , 807 P.2d 455 ], apply not only to the one-year period in section 340.5 (as so held in Woods v. Young), but also to the three-year “outside” limitations period? As we answer this question in the negative, plaintiffs’ suit is time-barred and the orders of dismissal must be affirmed.