Toigo v. Hayashida

Opinion

EVANS, J.

This is an action for medical malpractice. The complaint was filed December 8, 1978. It alleges injury occurring on December 10, 1977, as the result of negligent examination, diagnosis and treatment of plaintiff by defendant, a medical doctor.

This appeal results from an adverse judgment entered against plaintiff after the trial court granted defendant’s motion to strike the complaint. The basis of the motion was plaintiff’s failure to give defendant 90 days’ notice prior to commencing a professional negligence action as required by Code of Civil Procedure section 364. Inasmuch…