Thelander v. Superior Court

GIBSON, C. J.

Petitioners filed a negligence action in the Superior Court of Placer County against the State of California.

1

Over objection by petitioners the state’s time to plead to the complaint was extended until 30 days after the 91st day after the final adjournment of the 1963 Regular Session of the Legislature.

2

Petitioners then brought this proceeding, asking that a writ of certiorari issue and that the order extending time to plead be annulled.

The principal question is whether the order was contrary to section 1054 of the Code of Civil Procedure, which states in part: “When an act to be done, as provided in this code, relates to the pleadings in the action, . . . the time allowed therefor, unless otherwise expressly provided, may be

[813]

extended, upon good cause shown, by the judge of the court in which the action is pending, . . .

but such extension so allowed shall not exceed thirty (30) days, without the consent of the adverse party.”

(Italics added.)

3

The order was directly contrary to the language of section 1054, inasmuch as it extended the time for a period of more than 30 days without the consent of the adverse parties.

The state asserts, however, that the order was sought pursuant to the 1961 legislation relating to governmental immunity (Stats. 1961, ch. 1404, p. 3209) as interpreted in

Corning Hospital Dist.

v.

Superior Court,

57 Cal.2d 488 [20 Cal.Rptr. 621, 370 P.2d 325]. We there held that the legislation suspended the right to maintain certain actions against governmental bodies (57 Cal.2d at pp. 492-495), and under this legislation petitioners’ action cannot be