Scharer

—This case involves alleged veterinary malpractice by defendants San Luis Rey Equine Hospital, Inc. (SLREH), Barrie Grant, D.V.M., Joseph H. Cannon, D.V.M., and Brad C. Scheuch, D.V.M. (collectively, defendants), arising out of the death of plaintiff Shawnee Scharer’s horse. Defendants brought motions for summary judgment, asserting the claim was barred by the one-year statute of limitations that applies to claims for veterinary malpractice under Code of Civil Procedure section 340, subdivision (c) (all further undesignated statutory references are to the Code of Civil Procedure). Scharer opposed the motion, arguing that the statute of limitations was tolled because she sent a prelawsuit notice of intent to sue under section 364.

The court granted defendants’ motions for summary judgment, finding that section 364 did not apply because it required a notice of intent to sue and extended the statute of limitations period only for malpractice claims that result in personal injury or wrongful death, and claims for injury or death of an animal are for property damage.

Scharer appeals, asserting (1) section 364 letters of intent to sue should extend the statute of limitations…