Preferred Risk Mutual Insurance v. Reiswig

Opinion

CHIN, J.

Code of Civil Procedure section 364, subdivision (a),1 part of the Medical Injury Compensation Reform Act (MICRA), requires plaintiffs to give defendants 90 days’ notice of intent to sue for actions “based upon” defendants’ professional negligence. Section 364, subdivision (d), tolls the “applicable statute of limitations” governing the negligence action for 90 days following proper statutory notice. We must decide whether subdivision *212(d) applies to an equitable indemnity action that is based on professional negligence, but governed by a non-MICRA statute of limitations. We…