LINA GUTIERREZ, Plaintiff and Appellant,
v.
MASSOUD MOFID et al., Defendants and Respondents.
Supreme Court of California.https://leagle.com/images/logo.png
September 26, 1985.
September 26, 1985.
Attorney(s) appearing for the Case
COUNSEL
James M. Radnich for Plaintiff and Appellant.
Leonard Sacks, Jean Corey, Al Schallau, Robert E. Cartwright, Wylie A. Aitken, Harlan Arnold, Glen T. Bashore, Ray Bourhis, Richard D. Bridgman, Edwin Train Caldwell, David S. Casey, Jr., Victoria De Goff, Douglas K. deVries, H. Grieg Fowler, Sanford M. Gage, Ian Herzog, G. Dana Hobart, Stanley K. Jacobs, Harvey R. Levine, John C. McCarthy, Timothy W. Peach, Robert H. Sulnick, Arne Werchick and Stephen I. Zetterberg as Amici Curiae on behalf of Plaintiff and Appellant.
Morgan, Wenzel & McNicholas, Walter M. Yoka, Hill, Genson, Even, Crandall & Wade, Randolph M. Even, William R. Lowe and William F. Zulch for Defendants and Respondents.
Greines, Martin, Stein & Richland, Alan G. Martin, Martin Stein and Timothy T. Coates as Amici Curiae on behalf of Defendants and Respondents.
Supreme Court of California.
OPINION
GRODIN, J.
A medical malpractice action must be commenced within one year after the patient "discovers, or through the use of reasonable diligence should have discovered" his "injury." (Code Civ. Proc., § 340.5.)1 Is the time of "discovery" postponed when a suspicious patient consults an attorney who advises that there is no legal remedy? We conclude that it is not. We will therefore affirm...
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