Newman

In Woods v. Young (1991) 53 Cal.3d 315 [ 279 Cal.Rptr. 613 , 807 P.2d 455 ], the Supreme Court held that a 90-day notice of intent to sue for medical malpractice (Code Civ. Proc., § 364, subd. (a)), when served during the last 90 days of the 1-year statute of limitations period prescribed by section 340.5, tolls the statute of limitations for 90 days. Woods noted that the alternative three-year adult statute of limitations in section 340.5 was not before it in that case. Now pending before the Supreme Court is a case presenting the issue whether a section 364, subdivision (a) notice tolls the adult three-year statute in the same way it tolls the one-year statute. (Russell v. Stanford University Hospital (Cal.App.), review granted Aug. 21, 1996.) The present case requires that we determine whether a section 364, subdivision (a) notice tolls the three-year statute of limitations for minors, also contained in section 340.5. We conclude service of an intent-to-sue notice during the last 90 days of the 3-year limitation period applicable to minors tolls the statute of limitations for 90 days; we reverse the judgment below.

Facts and Procedural History

Appellant Michael…