Woo

Defendant Victor L. Woo filed this petition for writ of mandate challenging the trial court’s denial of his motion for summary judgment in a medical malpractice action filed by plaintiff and real party in interest Soheilia Zarabi. Zarabi filed a response to the petition; we issued an order to show cause and heard oral argument from the parties.

This writ proceeding raises two issues: The timeliness of Woo’s petition for writ of mandate; and whether Zarabi’s amended complaint naming Woo as a defendant relates back to the date of filing her original complaint.

I

Timeliness of Petition for Writ of Mandate

On August 28, 1998, Woo filed a motion for summary judgment. On October 16, the trial court issued a telephonic ruling granting the motion. On October 30, the trial court heard oral argument on the motion and on November 12 issued a written ruling denying the motion. A degree of uncertainty pervades the procedure that followed. Woo asserts the court clerk served the November 12 written ruling by mail on November 23; Zarabi asserts the court clerk served the November 12 written ruling by mail on November 12. Each party has submitted a proof of service form that supports…