Jenkins v. County of Contra Costa

California Court of Appeal Apr 23, 1985 No. A026115Published

Before: Merrill

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Holding. The court held that because the public entity failed to provide specific written notice of rejection for the timely filed claim, the six-month statute of limitations was not triggered, and the plaintiff's action was timely under the two-year limitation period.

Issues

Whether a public entity's rejection of an application for leave to file a late claim constitutes a formal rejection of the underlying timely claim.
Whether the two-year statute of limitations applies when a public entity fails to provide proper written notice of claim rejection under Government Code section 913.

Disposition. reversed

Quotations verified verbatim against the opinion

“The claim itself was never rejected in writing as required by the Government Code. Noncompliance with these provisions allowed Jenkins two years from the time her cause of action accrued to file her complaint.”

“The two-year statute of limitations is applicable where the rejection of a claim is not in compliance with the requirements of section 913 which sets forth the manner in which written notice is to be given.”

Opinion

MERRILL, J.

On March 25, 1983, appellant Yvonne Jenkins (Jenkins) filed a complaint against the County of Contra Costa, Contra Costa County Hospital, Dr. Arnold Borgiano and fictitious defendants, for medical malpractice in her care and treatment which occurred on June 22, 1981. Respondents Contra Costa County Hospital and County of Contra Costa demurred to the complaint. The demurrer was sustained with leave to amend. Jenkins’ first amendment to complaint, filed October 3, 1983, was also demurred to by respondents.

On the basis that the complaint did not comply with the applicable claim statutes for claims against public entities, Government Code, section 900 et seq.,

the trial court sustained the demurrer to the amended complaint without leave to amend and dismissed the action with prejudice. Subsequently, Jenkins filed a motion to reconsider which was denied. She appeals.

On June 22, 1982, Jenkins presented a claim

and

an application for leave to present a late claim with the Contra Costa County Board of Supervisors (County). In her claim Jenkins alleges that, as a result of the negligence of the respondents, her vocal cords were impaired. The County’s response was to deny the application for leave to present a late claim on July 25, 1982. The County did not specifically reject the claim.

[155]

Presentation of a personal injury claim to the appropriate public entity must be made within 100 days of the “accrual” of the cause of action. (§§ 911.2, 905.) If the public entity has rejected this claim in writing, the claimant must commence an action in superior court within six months of such written notice of rejection. (§ 945.6, subd. (a)(1).) On the other hand, the claimant has two years from the “accrual” of the cause of action to file a lawsuit if the public entity has not provided written notice. (§ 945.6, subd. (a)(2).) Written notice shall be given in a precise manner. (§ 913.) “Accrual” as used in these sections is the date upon which the cause of action would be deemed to have accrued within the meaning of the applicable statute of limitations. (§ 901.) Accrual of a medical malpractice cause of action occurs when the plaintiff has knowledge of the injury and its negligent cause.

Jenkins v. County of Contra Costa

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MERRILL, J.

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