Selvidge

Selvidge v. Tang

Good Law
20 Cal. App. 5th 1279·229 Cal. Rptr. 3d 809
Court of Appeal of CaliforniaMarch 5, 2018C083427California2,596 words

Opinion

lead Opinion

Robie, J.

*1281 This appeal asks us to determine whether mailing a notice of intent to file an action to a physician's address of record with the Medical Board of California (the medical board) provides adequate notification of a potential medical malpractice suit under the Medical Injury Compensation Reform Act. 1 We determine that it does and accordingly reverse the trial court's determination to the contrary.

*1282 FACTUAL AND PROCEDURAL BACKGROUND

On November 4, 2013, Vincent Selvidge died of a heart attack. His surviving wife and children (plaintiffs) sought to sue defendant, *811 a physician who treated Selvidge, for medical malpractice. 2

Plaintiffs filed their suit on January 28, 2015; 85 days after the one-year statute of limitations to bring a medical malpractice claim had expired. ( Code Civ. Proc., 3 § 340.5.) Defendant moved for summary judgment on the ground that the suit was untimely. Plaintiffs claimed they were entitled to tolling of the limitation period for 90 days pursuant to section 364 because they provided notice to defendant on October 24, 2014, of their intention to sue him. By their reasoning, the statute of limitations did not expire until February 2, 2015, and…

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