The following excerpt is from Allen v. Beard, Case No.: 3:16-cv-2713-MMA-KSC (S.D. Cal. 2018):
Pursuant to California Code of Civil Procedure Section 364, "[n]o action based upon the 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." Cal. Civ. Proc. Code 364(a). Section 364(d) provides that if a plaintiff serves the notice of intent to sue within the last 90 days of the one year statute of limitations under 340.5, then the statute of limitations is tolled for ninety days. Id. 364(d); see also Derderian v. Dietrick, 56 Cal. App. 4th 892, 897-898 (1997).
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