McLemore v. Hurtado CA2/5
Plaintiff and appellant Darin McLemore brought an action for dental malpractice against several defendants, including respondents Alejandro Hurtado, D.D.S., and Jung Joo Park, D.D.S. Respondents filed separate motions for summary judgment, arguing that McLemore’s action was barred by the applicable one-year statute of limitations in Code of Civil Procedure section 340.5. The trial court ruled that the limitations period commenced when McLemore sent a March 27, 2014 email (the March 27 email), in which McLemore explained the injuries he had suffered as a result of respondents’ treatment and discussed the possibility of litigation. The trial court granted summary judgment, finding that McLemore’s notice of intent to sue, and his complaint, were filed after the expiration of the one-year limitations period. We affirm.
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