Lewis v. Long CA1/4
Appellants Melanesia Lewis (Ms. Lewis) and her husband, Charles Lewis, appeal the trial court’s grant of summary judgment in their medical malpractice suit in favor of respondent, Corey Long, M.D. (Dr. Long). Summary judgment was granted on grounds the Lewises knew Dr. Long’s identity, yet failed to name him as a defendant until after the statute of limitations had run. The Lewises contend summary judgment should have been denied because triable issues of material fact remain as to whether Dr. Long was an unknown defendant when the complaint was initially filed. The trial court found determinative that the Lewises sent Dr. Long a Code of Civil Procedure section 364 Notice of Intent to Sue (section 364 notice) and thus could not have been ignorant of his identity at the time of the original complaint, as required by section 474. We agree and therefore affirm the judgment.
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