Mandjik

Plaintiffs Siegrid and Stefan Mandjik, a married couple, appeal from the trial court’s order and judgment of dismissal, which was entered after the trial court sustained the general demurrer of defendant Eden Township Hospital District without leave to amend. We reverse.

I. Factual and Procedural Background

This is an action for medical malpractice arising out of Siegrid Mandjik’s hospitalization at defendant’s hospital from July 2, 1987, through August 20, 1987. Plaintiffs allege that on July 22, 1987, as a direct and proximate result of defendant’s negligence, Siegrid Mandjik suffered a pulmonary embolism and cardiac failure, resulting in damages to plaintiffs. On July 1, 1988, plaintiffs sent defendant notice of their intent to commence litigation (hereafter, 364 notice). (See Code Civ. Proc., § 364, subd. (a).) The 364 notice stated the events in question “arose during [Siegrid Mandjik’s] stay at Eden Valley Hospital during July of 1987.”

By letter dated July 15, 1988, defendant, a public entity, treated plaintiffs’ 364 notice as a claim for damages under the Tort Claims Act (Gov. Code, § 900 et seq.) and returned the claim as untimely “because it was not presented…