§ 364.Notice to Health Care Provider of Intention to Commence Action

Title 2. Of the Time of Commencing Civil Actions · Chapter 5. The Commencement of Actions Based Upon Professional Negligence · Last amended 1975 · Last verified July 28, 2026

In one sentenceSection 364 requires a plaintiff to give a health care provider at least 90 days' notice of an intent to sue for professional negligence, and extends the statute of limitations by 90 days when that notice is served close to the deadline.

Full Text of § 364

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(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.

(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.

End

Plain-English Summary

Section 364 makes a health care provider defendant something no other typical defendant gets: advance warning. Before commencing an action based on a health care provider's professional negligence, the plaintiff must give at least 90 days' notice of the intent to sue.

The notice does not need any particular form, but it must tell the provider the legal basis of the claim and the type of loss sustained, including the specific nature of the injuries. It may be served the same way as other papers under Chapter 5 of Title 14 of this part.

Because 90 days' notice could otherwise eat into an already-running limitations period, subdivision (d) adds a safety valve: if the notice is served within 90 days of the statute of limitations expiring, the deadline to commence the action is extended 90 days from the date the notice was served.

The notice requirement does not apply to a defendant sued under a fictitious name, as allowed by § 474, when that defendant's identity is unknown to the plaintiff at filing. The section also defines “health care provider” broadly, covering licensed professionals and licensed clinics, dispensaries, and facilities, and defines “professional negligence” as a negligent act or omission within the scope of the provider's license that proximately causes personal injury or wrongful death.

Frequently Asked Questions

Do I have to notify a doctor before suing for medical malpractice in California?

Yes. Section 364 requires at least 90 days' notice of the intent to commence an action based on a health care provider's professional negligence before the action is filed.

What must the notice under § 364 say?

No particular form is required, but the notice must tell the provider the legal basis of the claim and the type of loss sustained, including the specific nature of the injuries suffered.

What if the 90-day notice period would run past my filing deadline?

Section 364(d) extends the statute of limitations by 90 days from the date the notice was served, if that notice was served within 90 days of the deadline otherwise expiring.

Does the notice requirement apply if I don't yet know the defendant's real name?

No. Section 364(e) exempts a defendant identified by a fictitious name under § 474 whose identity is unknown to the plaintiff when the complaint is filed.

Amendment History

Amended by Stats. 1975, 2nd Ex. Sess., Ch. 2.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: 90 day notice medical malpractice californianotice of intent to sue health care providermedical malpractice pre-suit notice