County of Los Angeles v. Superior Court

Opinion

HINZ, J.

Petitioner County of Los Angeles (County) seeks a writ of mandate or prohibition directing the respondent court to vacate its March 29, 1990, order overruling the County’s demurrer and to enter a new and different order sustaining its demurrer without leave to amend.

County’s contention is that personal injury actions against a public entity based upon acts or omissions occurring prior to January 1, 1988, are governed by the 100-day claim filing period of Government Code section 911.2.

Because we are convinced that the County’s position is correct we will grant the requested relief.

Background

Given the limited issue presented by the petition only a brief factual and procedural summary is necessary.

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On December 11, 1989, minor Ruth Kiflezghie by and through her guardian ad litem and father Tuku Kiflezghie, and Tuku Kiflezghie and Zeghie Kiflezghie, individually (hereinafter collectively referred to as Kiflezghie), filed suit against the County for personal injuries allegedly suffered by the minor as a result of County’s purported acts of medical malpractice in April 1982.

The complaint alleged that the cause of action for medical malpractice accrued in January 1989; that a claim was presented to the County on May 22, 1989; and that the County rejected the claim as untimely.

On February 16, 1990, the County demurred to the complaint. The County contended that because the complaint was based on acts or omissions occurring before January 1, 1988, this lawsuit was governed by the 100-day claim filing requirement. The County noted that the Legislature expressly declared that the 1988 amendment to Government Code section 911.2 applied only to acts or omissions occurring after January 1, 1988. Since the claim was not filed until more than 100 days after the cause of action accrued, plaintiff’s action was barred.

On March 29, 1990, at the hearing on the demurrer, the court overruled the demurrer. The court in so ruling held that the word “occurring” (as set forth in Stats. 1987, ch. 1208) denotes causes of action “accruing” on or after January 1, 1988.