Silver v. McNamee

*272Opinion

KREMER, P. J.

Plaintiff Wallace Silver appeals a summary judgment favoring defendant Lawrence McNamee on Silver’s complaint for medical malpractice. Silver contends the superior court erred in concluding this lawsuit was time barred as a matter of law. We reverse the judgment.

I

Introduction

The parties dispute whether Silver timely served McNamee with notice of intent to sue (Code Civ. Proc.,1 § 364)2 so as to toll for 90 days the 1-year limitations period of section 340.5. Resolution of this case involves analysis of the interplay among subdivisions (a) and (d) of section 364 and…