Church v. County of Humboldt

ELKINGTON, J.

Jeanette Church, respondent, called plaintiff and petitioner in the proceedings below, filed a petition under the California Tort Claims Act of 1963 (Gov. Code, § 900 et seq.),

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seeking relief from the rejection by the County of Humboldt, defendant and appellant, of a tardily filed claim for injuries. From an order dated October 1, 1965, granting such relief, County of Humboldt appeals.

We have concluded that the order appealed from is not appealable. Plaintiff’s late claim petition was filed February 11, 1965, pursuant to Government Code section 912. At that time the act provided that if such a petition be granted, the claim must be refiled, or at least be reconsidered, by the pertinent political entity to be allowed or again rejected. As of September 17, 1965, section 912 was repealed and section 946.6 became effective. Section 946.6 eliminated the requirement, upon the granting of the petition, for reconsideration by

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the political entity. Instead the petitioner was required to file suit, in the same court, “on the cause of action to which the claim relates . . . within 30 days thereafter. ’ ’

The enactment of section 946.6 in place of the former section 912 was clearly for remedial and procedural purposes. A statute affecting procedure or providing a new remedy for the enforcement of existing rights is properly applicable to actions pending when the statute becomes effective.

(Sour

v.

Superior Court,

1 Cal.2d 542, 544-545 [36 P.2d 373] ;

Olivas

v.

Weiner,

127 Cal.App.2d 597, 599 [274 P.2d 476];

National Auto. & Cas. Ins. Co.

v.

Downey,