Hasty v. County of Los Angeles

Opinion

KAUS, P. J.

Appeal from an order denying relief from the provisions of Government Code section 945.4 relating to claims against public entities. Superior court relief was sought under the provisions of section 946.6.

1

The relevant time-table is as follows:

August 22, 1974:

Certain deputy sheriffs came to appellant’s residence to arrest his son. Somehow appellant was also arrested. In attempting to effect that arrest, the deputies allegedly used “undue and unjustifiable force” on appellant’s person. He received injuries consisting of broken ribs, liver damage, hernia, and damage to his teeth. These injuries required medical care.

[625]

November 1974:

Unspecified criminal charges against appellant were dismissed on an unspecified date in November 1974. In connection with these charges, appellant had retained counsel.

November 25, 1974:

Appellant’s then counsel received certain unspecified medical information and advised appellant that he “may have a claim against Los Angeles County.”

November 30, 1974:

The 100-day period of limitations provided in section 911.2 expired.

January 10, 1975:

Appellant consults new counsel, who started an investigation “to determine whether there were sufficient facts to support a valid claim....”

January 22, 1975:

New counsel received the medical report which had been given to former counsel on November 25, 1974.

March 10, 1975:

Counsel’s investigator completed his investigation and submitted a report to counsel. Counsel determined—precise date unknown— “that a claim was in order.”