SECTIONS 364-365 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 364-365

364. (a) No action based upon the health care provider's
professional negligence may be commenced unless the defendant has
been given at least 90 days' prior notice of the intention to
commence the action.
(b) No particular form of notice is required, but it shall notify
the defendant of the legal basis of the claim and the type of loss
sustained, including with specificity the nature of the injuries
suffered.
(c) The notice may be served in the manner prescribed in Chapter 5
(commencing with Section 1010) of Title 14 of Part 2.
(d) If the notice is served within 90 days of the expiration of
the applicable statute of limitations, the time for the commencement
of the action shall be extended 90 days from the service of the
notice.
(e) The provisions of this section shall not be applicable with
respect to any defendant whose name is unknown to the plaintiff at
the time of filing the complaint and who is identified therein by a
fictitious name, as provided in Section 474.
(f) For the purposes of this section:
(1) "Health care provider" means any person licensed or certified
pursuant to Division 2 (commencing with Section 500) of the Business
and Professions Code, or licensed pursuant to the Osteopathic
Initiative Act, or the Chiropractic Initiative Act, or licensed
pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2
of the Health and Safety Code; and any clinic, health dispensary, or
health facility, licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code. "Health care provider"
includes the legal representatives of a health care provider;
(2) "Professional negligence" means negligent act or omission to
act by a health care provider in the rendering of professional
services, which act or omission is the proximate cause of a personal
injury or wrongful death, provided that such services are within the
scope of services for which the provider is licensed and which are
not within any restriction imposed by the licensing agency or
licensed hospital.

365. Failure to comply with this chapter shall not invalidate any
proceedings of any court of this state, nor shall it affect the
jurisdiction of the court to render a judgment therein. However,
failure to comply with such provisions by any attorney at law shall
be grounds for professional discipline and the State Bar of
California shall investigate and take appropriate action in any such
cases brought to its attention.