Martell

Jeremiah Mitchell Martell, a minor, his mother Tammy Martell, for- herself and as guardian ad litem for Jeremiah, and Jeremiah’s father, David Martell (collectively appellants), appeal from the summary judgment dismissing as time-barred their medical malpractice complaint against respondent Antelope Valley Hospital Medical Center. After review, we affirm.

*980 Procedural and Factual Background

Jeremiah Mitchell Martell was born in February 1989 at respondent Antelope Valley Hospital Medical Center, a district hospital covered by the California Tort Claims Act (Gov. Code, § 900 et seq. (hereafter the Act)). Because of respondent’s alleged negligence, Jeremiah suffered injuries during birth. In August 1989, he presented respondent with a timely claim for medical malpractice in compliance with the Act, 1 which respondent rejected in October 1989. In February 1990 Jeremiah and his parents filed a timely complaint against respondent for medical malpractice and negligent infliction of emotional distress. In May 1992, they dismissed their complaint without prejudice, however, apparently because Jeremiah’s young age prevented the extent of his injuries from being fully…