Rybak v. Yee

Filed 1/18/07  Rybak v. Yee CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

            APPEAL from a judgment of the Superior Court of Los Angeles County, Allan J. Goodman, Judge.  Reversed and remanded with directions.

            Edwin B. Stegman for Plaintiff and Appellant.

            Ford, Walker, Haggerty & Behar, William C. Haggerty, Jason B. Friedman and Aparajito Sen for Defendant and Respondent.

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            This is a dental malpractice action in which the trial court granted the dentist's motion for summary judgment.  The plaintiff appeals.  We  reverse.

FACTS

            Nancy Jen Yee, D.D.S., treated Karen Rybak on April 3 and April 28, 2003.  On January 15, 2004, Rybak sent Yee a notice of intent to sue (Code Civ. Proc., § 364).^[1]  On June 25, 2004, Rybak sued Yee for professional malpractice, alleging that the negligent acts occurred â€