Knowles

*1293 Opinion

I.

INTRODUCTION

Real parties in interest Serafina Labo (Serafina), Florence Crick (Florence), and John Labo (John), are the wife, daughter, and son, respectively, of the decedent Anatalio Labo (Anatalio). 1 Real party in interest Nard Labo (Nard) is also a son of Anatalio and is mentally disabled. Serafina, Florence, John and Nard each brought a wrongful death claim against defendant Harry Knowles, alleging that Anatalio died as a result of Knowles’s professional medical negligence. Knowles filed this petition for writ relief after the trial court denied his motion for summary judgment and/or adjudication as to the wrongful death claims.

Knowles contends that Serafina, Florence and John’s wrongful death claims are barred by the statute of limitations contained in Code of Civil Procedure section 340.5 2 because they each discovered their claims more than one year before filing suit. We agree with this contention. Knowles also claims that Nard cannot establish any loss of companionship damages associated with his father’s death because it is undisputed that due to a head injury and the resulting disability, Nard believes his father is alive. We disagree that Nard’s…