Edwards v. Superior Court

Opinion

ALDRICH, J.

In what appears to be a case of first impression in California, we are called upon to address the question whether the plaintiff, in serving the 90-day notice of intent to commence an action against a medical practitioner (Code Civ. Proc., § 364), 1 must allege the specific factual basis of each cause of action in the lawsuit to be filed. We hold: (1) the 90-day notice requirement of section 364 is not jurisdictional; (2) the total failure to comply with the statute does not invalidate an action against the medical practitioner; and (3) a failure to allege the specific…