Scharer v. San Luis Rey Equine Hospital, Inc., 204 Cal. App. 4th 421 (Cal. Ct. App. 2012)

(malpractice suit against veterinarian for death of a show horse; suit brought more than one year after horse’s death; notice of intent to sue sent to veterinarian prior to expiration of statute of limitations; district court granted summary judgment to defendants holding claims for damages to animals are property damages and statute extending statute of limitations when notice of intent to sue is received did not apply; court allowed owner to amend pleadings regarding negligence to add allegations to invoke separate tolling statute; defendants filed summary judgment motions after amended petition; court granted summary judgment on all claims;  appellate court affirmed, holding extension of statute of limitations only applied to “health care providers” and actions in this case based on property damage; veterinarians do not fit within statutory definition of “professional negligence”; amended petition failed because equitable tolling not available in cases where original compliant is defective).

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