SILVER v. McNAMEE

No. D030531.

81 Cal.Rptr.2d 445 (1999)

69 Cal.App.4th 269

Wallace SILVER, Plaintiff and Appellant, v. Lawrence McNAMEE, Defendant and Respondent.

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

January 14, 1999.


Attorney(s) appearing for the Case

Janice F. Mulligan, San Diego, for Plaintiff and Appellant.

Dummit, Faber & Briegleb, Bruce S. Bailey and Janet M. Lingel, San Diego, for Defendant and Respondent.


KREMER, P.J.

Plaintiff Wallace Silver appeals a summary judgment favoring defendant Lawrence McNamee on Silver's complaint for medical malpractice. Silver contends the superior court erred in concluding this lawsuit was time barred as a matter of law. We reverse the judgment.

I

INTRODUCTION

The parties dispute whether Silver timely served McNamee with notice of intent to sue (Code Civ. Proc.,1 § 364)

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