Wable

FACTS AND PROCEDURAL BACKGROUND

This case was initiated, in the Fresno County Superior Court, as a medical malpractice and loss of consortium action by a married couple, Marcia and George Wable (the Wables), against Dr. Kevin Ciresi (along with Kevin F. Ciresi, M.D., Inc.)1 and Athenix Physicians Group, Inc. (dba Athenix Body Sculpting Institute).2 The Wables commenced the matter by serving, on August 26, 2016, a notice of intent pursuant to Code of Civil Procedure section 364 (subsequent statutory references are to the Code of Civil Procedure) on defendants. Section 364 provides, in relevant part: “No action based on [a] health care provider’s professional negligence may be commenced unless the defendant has been given at least 90 days’ prior notice of the intention to commence the action.” (§ 364, subd. (a).) Section 364 defines “ ‘professional negligence,’ ” in pertinent part, as “[a] negligent act or [an] omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed.” (§ 364,…