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Plaintiff, who controlled and prepared the report, made no representations until it was submitted to the Supreme Court; it was on the basis of this document that defendants entered their appearances in 1983. ll. No reasonable juror could find that before 1983 plaintiff knew of defendants’ alleged malpractice. The trial court did not commit prejudicial error by refusing to admit evidence of Barker’s deposition testimony which would have supported such a finding.

8. We do not understand defendants to dispute the original accrual, in 1983 (Prevor, supra, at p. 260), of section 333.5. Neither of the cases defendants rely upon supports their position. Hennessy was based upon something the lawyer did (fraudulent concealment). Although Bichler v. Schmuck (1994) 26 Cal. App. 4th 907 [31 Cal. Rptr.2d 323], and Hales v. Med. Center Hospitals of San Diego, supra, 231 Cal. App. 3d at page 336, appear to have chipped away at the rule of Hennessy, they do not amount to a repudiation of the rule as it is applied to former practitioners. We may regret the reasoning of Hennessy because it ignored the rule of exoneration of a physician’s duty to a patient, but it remains the opinion of this court. fn. 39 d2c66b5586