In Gomez v. Valley View Sanitorium (1978) 87 Cal.App.3d 507, it was held that the wrongful death action filed by plaintiffs more than one year after the decedent's death was timely filed and not barred by the one-year limitation period of Code of Civil Procedure section 340.5. The plaintiffs had given the notice required by Code of Civil Procedure section 364 within 90 days of the date the statute of limitations would run. Because Code of Civil Procedure section 364, subdivision (a), also prohibits the commencement of an action until 90 days have expired after service of the notice, the court held the 90-day period should be excluded when calculating the applicable statute of limitations. Furthermore, since subdivision (d) of section 364 operated to extend the period of limitations 90 days (because plaintiffs' notice was served within 90 days of the expiration of the limitation period), the plaintiffs were entitled to the 90-day extension in addition to the 90-day tolling of the statute. The court stated: ". . . Incongruously, section 364 prohibits the commencement of the action within the period of limitations as extended. Section 364, however, does not self-destruct, because Code of Civil Procedure section 356 provides: 'When the commencement of an action is stayed by . . . statutory prohibition, the time of the continuance of the . . . prohibition is not part of the time limited for the commencement of the action.' ". . . Where section 364 also operates to extend the period of limitations because notice is served within 90 days of the expiration of the statute, the plaintiff is entitled to that extension as well as the tolling of the statute during the 90 days plaintiff is prohibited from filing his action." (87 Cal.App.3d at pp. 509-510, italics added.)