Norwood v. Southern California Rapid Transit District

Opinion

HASTINGS, J.

Appellant Linda Norwood appeals from a summary judgment granted in favor of respondent Southern California Rapid Transit District for her failure to comply with the statute of limitations embodied in Government Code section 945.6, subdivision (a)(1)

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requiring a plaintiff to file a complaint within six months after a claim is rejected.

Appellant’s decedent was injured on December 3, 1980, in which a bus of respondent was involved. He died of the injuries on December 11, 1980. Appellant retained Attorney Richard L. Robins to represent her with respect to decedent’s death and he prepared a claim for damages on her behalf only

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which was mailed to respondent on or about January 7, 1981.

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It was received by respondent on January 23, 1981. Respondent rejected the claim in writing, on February 2, 1981, and mailed the notice of the rejection to Attorney Robins on that date.

Appellant was not the sole heir of the decedent. She had three brothers, Charles, Carwell and Johnny Norwood. On January 29, 1981, appellant terminated the employment of Attorney Robins. The law office of Johnny L. Cochran, Jr., was retained to represent her and her brothers in the wrongful death action. This firm prepared a claim (amended claim) for damages on behalf of Charles Norwood and “all family members of John A. Norwood, deceased.” This claim was timely filed within the 100 days required by the claims statute and requested $1 million in damages.

On or about April 23, 1981, the amended claim was denied by operation of law. (Gov. Code, § 911.6.) Thereafter, respondent sent written notice to the law offices of Johnny L. Cochran, Jr., that the amended claim was rejected on July 22, 1981.

On September 22, 1981, plaintiffs Charles, Carwell, Johnny and Linda Norwood filed their complaint for wrongful death in Los Angeles County Superior Court. Summons and complaint were served by personal delivery on respondent on October 5, 1981.