PREFERRED RISK MUTUAL INSURANCE COMPANY, Plaintiff and Appellant,
v.
Reo REISWIG et al., Defendants and Respondents.
Supreme Court of California.https://leagle.com/images/logo.png
August 5, 1999.
August 5, 1999.
Attorney(s) appearing for the Case
Law Offices of Lori B. Feldman, Lori B. Feldman, San Francisco; Murchison & Cumming and Edmund G. Farrell III, Los Angeles, for Plaintiff and Appellant.
Law Offices of Randall B. Hamud and Randall B. Hamud, San Diego, as Amici Curiae on behalf of Plaintiff and Appellant.
Horvitz & Levy, Sandra J. Smith and John A. Taylor, Jr., Encino, for California Medical Association, California Dental Association and California Healthcare Association as Amici Curiae on behalf of Plaintiff and Appellant.
Bonne, Bridges, Mueller, O'Keefe & Nichols and Mark B. Connely, San Luis Obispo, for Defendants and Respondents.
Supreme Court of California.
CHIN, J.
Code of Civil Procedure section 364, subdivision (a),1 part of the Medical Injury Compensation Reform Act (MICRA), requires plaintiffs to give defendants 90 days' notice of intent to sue for actions "based upon" defendants' professional negligence. Section 364, subdivision (d), tolls the "applicable statute of limitations" governing the negligence action for 90 days following proper statutory notice. We must decide whether subdivision...
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