BRADFORD SOLINSKY VS. THE STATE OF CALIFORNIA ET AL

Matter on the Law & Motion / Discovery Calendar for Thursday, October 16, 2025, Line 10. DEFENDANT CITY AND COUNTY OF SAN FRANCISCO'S DEMURRER TO FIRST AMENDED COMPLAINT.

Defendant City and County of San Francisco's demurrer to the sole cause of action alleged against it in the first amended complaint filed by plaintiff Bradford Solinsky is sustained with 20 days leave to amend to allege, if Solinksy can do so in good faith, that the City is equitably estopped from asserting the statute requiring that Solinsky file this action against the City within six months of the City's denial of his Government Code claim.

Relying on facts not alleged in his first amended complaint, Solinsky argues that the statute of limitations as to the City is equitably tolled. It appears, however, that Solinsky seeks to invoke the doctrine of equitable estoppel (CACI 456; see generally J.P. v. Carlsbad Unified School District (2014) 232 Cal. App. 4th 323, 333 (in affirming a tort claim verdict against a government entity, the court, quoting a 1989 California Supreme Court case, stated "It is well settled that a public entity may be estopped from asserting the limitations of the claims statute where its agents or employees have prevented or deterred the filing of a timely claim by some affirmative act")) rather than the related but distinct doctrine of equitable tolling.

Based on the statements in his opposition memorandum, while this court does not determine whether Solinsky is able to adequately allege equitable estoppel, he should be given the opportunity to do so.

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