California Court of Appeal

Summary judgment for defendant based on the statute of limitations, in action alleging personal injuries suffered during hospitalization, is reversed as the trial court misconstrued Code of Civil Procedure section 364 regarding whether a notice of intent to sue faxed by plaintiff to defendant was valid.

Appellate Information

• Decided 01/31/2007
• Published 01/31/2007

Judges

• CANTIL-SAKAUYE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Jay-Allen Eisen, C. Athena Roussos, Sacramento;  Law Offices of Kenneth N. Meleyco and Kenneth N. Meleyco, Stockton, for Plaintiff and Appellant.


• For Appellees:
  
• Low McKinley Baleria, Donna W. Low, Joseph M. Weber, and Paul R. Baleria, Sacramento, for Defendants and Respondents.