The opinion
DRAPER, P. J.
I concur in the judgment, but solely because the declarations filed show a triable issue of fact as to the date of discovery by the parents of the claimed negligence of respondent hospital district. No issue of relief from late filing is presented, because there was no petiton to the court within six months of the district’s denial of such relief. Nor does this record contain any evidence of estoppel. That may become an issue at trial, but I question that any action of the doctors, absent a claim of agency *728 relationship between them and the hospital, could serve to estop the hospital. I note, too, that the trial judge probably was misled by plaintiff’s emphasis, at the hearing below, upon the claimed right to relief from late filing.
A petition for a rehearing was denied December 12, 1969.