Forsyth

A plaintiffappeals from a judgment of dismissal entered after a demurrer to his complaint for damages for medical malpractice was sustained without leave to amend. Concluding that the trial court erroneously sustained the demurrer, we reverse.

Factual and Procedural Background

The facts, as alleged in the plaintiff’s second amended complaint and as judicially noticed, are these: In September of 1992, Ronald Forsyth was a patient under the care of Kenneth Jones, a medical doctor. As the result of Jones’s professional negligence, Forsyth suffered personal injuries.

Jones filed a petition under chapter 7 of the United States Bankruptcy Code in June 1993. ( 11 U.S.C. §701 et seq.) Jones listed a potential malpractice claim from Ftirsyth in his schedule of creditor’s claims.

In September of 1993, Forsyth served Jones with a notice of his intention to commence an action for damages for professional negligence. (Code Civ. Proc., § 364.) The United States Bankruptcy Court discharged Jones from all dischargeable debts, including Forsyth’s claim, on October 29, 1993. (§ 727.)

After the discharge, Forsyth filed suit against Jones, expressly alleging that the purpose of the…