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BENNETT v. SHAHHAL

No. D031570.

89 Cal.Rptr.2d 272 (1999)

75 Cal.App.4th 384

Orley BENNETT, Plaintiff and Appellant, v. Imad SHAHHAL, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

September 30, 1999.

Attorney(s) appearing for the Case

John R. Mittelman, Escondido; Miller & James and Patricia I. James, San Diego, for Plaintiff and Appellant.

Higgs, Fletcher & Mack, Loren G. Freestone; McInnis, Fitzgerald, Rees & Sharkey and Gregory W. Pollack, San Diego, for Defendant and Respondent.

NARES, J.

In this medical malpractice action, plaintiff Orley Bennett appeals from a summary judgment in favor of defendant Imad Shahhal, M.D. As an apparent matter of first impression, we hold that a second 90-day notice of the intent to bring suit does not toll the 1-year limitations period. (Code Civ. Proc.,1 § 364, subds. (a) & (d).) Accordingly, we affirm the judgment as Bennett's action was time-barred.

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