In Tell v. Taylor (1961) 191 Cal.App.2d 266, a medical malpractice action, the court rejected the plaintiff's attempt to rely on the three-year limitation for fraud when alleging a claim for deceit founded on misrepresentation of the plaintiff's injury. The Tell court explained: "As to her second cause of action for deceit, the appellant argues that the trial court erred as the statute of limitations for fraud is three years under subsection 4 of section 338 of the Code of Civil Procedure. However, appellant has cited no authority in this state or elsewhere to indicate that it is possible to extend the statute of limitations in a personal injury action by bringing it on a theory of fraud. Rather, even though the plaintiff alleges false representations on the part of the physician or fraudulent concealment, our courts have always treated the action as one for malpractice ." (Id. at p. 271.)