Wurts

A single superior court complaint (No. 479055-6) for alleged medical malpractice generated the two separate appeals we resolve by this opinion. Appellant Betty Wurts appeals (F022396) from the judgment entered after the trial court granted a motion for summary judgment brought by respondent the County of Fresno (the County). Wurts also appeals (F022635) from the later judgment entered in the same superior court action after the trial court granted a motion for nonsuit made by respondent Robert M. Peters, M.D. (Peters). We hold in part that a claim based upon the negligence of a health care provider filed with a governmental agency pursuant to the Tort Claims Act (Gov. Code, § 810 et seq.) does not also constitute a notice of intent to sue under Code of Civil Procedure section 364 in the absence of evidence the claimant intended otherwise.

On February 1, 1993, Wurts filed an action for physical and emotional damages arising from alleged medical malpractice. She claimed Peters negligently performed esophageal surgery upon her on November 5, 1991, at Valley Medical Center, a hospital owned and operated by the County. She also asserted that Valley Medical Center negligently…