California Supreme Court September 26, 1985, L.A. 31922 (Gutierrez v. Mofid)

BIRD, C. J.

I respectfully dissent. The majority conclude that plaintiff’s medical malpractice action is barred by Code of Civil Procedure section *905340.51 because it was not filed within a year of April 1979 when plaintiff was “advised by a physician to sue for her injuries and decided to consult an attorney for that purpose.” (Maj. opn., ante, at p. 902.