Plaintiffs filed their suit 85 days after the one-year statute of limitations to bring a medical malpractice claim had expired. (Code Civ. Proc., § 340.5.) Defendant moved for summary judgment on the ground that the suit was untimely. Plaintiffs claimed they were entitled to tolling of the limitation period for 90 days pursuant to Code of Civil Procedure section 364 because they provided advance notice to the defendant of their intention to sue him. The trial court granted defendant’s motion for summary judgment on the ground the suit was untimely. Held, reversed. A medical malpractice plaintiff provides adequate notice of a potential medical malpractice claim, as required by Code of Civil Procedure section 364, by mailing a notice of intent to file an action to a physician’s address of record with the Medical Board of California. Since the statute of limitations was tolled for 90 days, plaintiff’s suit was timely.
California Court of Appeal (Robie, J.); March 5, 2018; 2018 WL 1150039.