Silver

*272 Opinion

Plaintiff Wallace Silver appeals a summary judgment favoring defendant Lawrence McNamee on Silver’s complaint for medical malpractice. Silver contends the superior court erred in concluding this lawsuit was time barred as a matter of law. We reverse the judgment.

I

Introduction

The parties dispute whether Silver timely served McNamee with notice of intent to sue (Code Civ. Proc., 1 § 364) 2 so as to toll for 90 days the 1-year limitations period of section 340.5. Resolution of this case involves analysis of the interplay among subdivisions (a) and (d) of section 364 and subdivision (a) of section 1013. Section 364, subdivision (a) deals with the amount of notice to which McNamee was entitled before Silver filed this lawsuit. Section 364, subdivision (d) provides for tolling of the statute of limitations when the. notice of intent to sue is served within 90 days of the expiration of such limitations statute. Section 1013, subdivision (a) governs service by mail.

On January 8, 1997, three days before the limitations period was set to expire on his claim against McNamee for medical malpractice, Silver mailed to McNamee’s Ohio residence two section 364 notices of…