Chavez v. Mandel
Brittney Chavez sued Dr. Richard A. Mandel for professional negligence, alleging she suffered third degree burns on her left cheek while undergoing facial reconstructive surgery he performed on July 23, 2002. She was a minor at the time of the surgery. On July 22, 2005, Chavez served a notice of intention to commence action pursuant to Code of Civil Procedure section 364, subdivision (a) (all further statutory references are to the Code of Civil Procedure). She filed her complaint against Mandel for professional negligence on October 24, 2005. The trial court sustained Mandels demurrer to the third amended complaint without leave to amend on the ground the lawsuit was untimely under the three year statute of limitations of section 340.5. Chavez appealed from the resulting judgment.
The judgment is reversed and the matter remanded.
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