Belton v. Bowers Ambulance Service

In Belton v. Bowers Ambulance Service (1999) 20 Cal.4th 928, the California Supreme Court held that a similar provision for prisoners tolled the same statute of limitations. (20 Cal.4th at pp. 930, 935.) The court reasoned: "No tolling provision outside of MICRA can extend the three-year maximum time period that section 340.5 establishes. . ... Here, however, the plaintiff filed his complaint after the one-year statutory period expired but well within the statute's three-year maximum. ( 340.5.) Thus, he is not attempting to extend that maximum. Rather, he seeks statutory tolling of the one-year period." (Id., at p. 931.) The "'listing of specified tolling rules in section 340.5 implicitly excludes others, but these limits apply only to tolling rules which extend the total limitations period beyond three years: "In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following ... ." ... The plain language of section 340.5 does not purport to limit tolling which extends the total limitations period less than or up to three years.'" (Id., at pp. 931-932.)