Todd v. County of Los Angeles

Opinion

THOMPSON, J.

—This is an appeal from a judgment of dismissal entered after defendants’ demurrer to plaintiffs’ complaint was sustained without leave to amend. Concluding that the complaint shows on its face that it is barred by the statute of limitations contained in Government Code section 946.6, subdivision (f), we affirm the judgment.

We accept as true the allegations of the complaint. John T. Todd, a minor, was injured by the medical malpractice of the Los Angeles County/USC Medical Center in February of 1974. His father, James Todd, incurred expense as a result of the injury. On June 5, 1975, an application for leave to present a late claim was filed on behalf of Todd. The application having been denied, a petition pursuant to Government Code section 946.6 for relief from filing a claim was filed in the superior court. (See fn. 1.) On April 15, 1976, the court ordered that the petition be granted.

1

On July 21, 1976, James Todd, acting for himself and as guardian ad litem for Todd, filed the complaint which commenced the case at bench.

Asserting the 30-day statute of limitations of Government Code section 946.6, subdivision (f), the county demurred to the complaint. The demurrer was sustained without leave to amend and this appeal from the resulting judgment of dismissal followed.

[664]

The trial court correctly sustained the demurrer.

Government Code section 946.6 establishes the conditions under which a court may relieve a person from the requirements of a timely claim as a prerequisite to the filing of suit against a governmental entity. Subdivision (f) of the section states: “If the court makes an order relieving the petitioner from the [timely claim] provisions of [Government Code] Section 945.4, suit on the cause of action to which the claim relates must be filed in such court within 30 days thereafter.”

Here the complaint alleges that the order relieving the plaintiffs from the provisions of section 945.4 was made April 15, 1976. The time allowed by section 946.6, subdivision (f) thus expired on May 15. The complaint at bench was not filed until July 21.