Hom v. Chico Unified Sch. Dist.

FRIEDMAN, J.

The minor plaintiff filed a damage complaint against the defendant school district alleging personal injuries suffered while she was participating in high school physical education activities. The school district demurred, pointing out that the complaint failed to show compliance with the Government Code provisions requiring timely claim filing as a prerequisite to suits against public agencies. The demurrer was sustained without leave to amend and plaintiff appeals from the ensuing judgment. Plaintiff’s simultaneous appeal from the order sustaining the demurrer is dismissed, that order not being appealable.

The accident occurred October 8, 1964. Nearly 15 months later, on December 19, 1965, plaintiff filed with the district an application for leave to present a late claim. The application alleged plaintiff’s minority status as the sole ground of relief. On January 7, 1966, the school district denied the claim. On January 19, 1966, through her mother as guardian ad litem, she filed the present personal injury action.

Reversal is sought on the sole contention that the claim filing statutes are unconstitutional as to minors. Plaintiff’s brief does not specify what deprivation of a constitutional right she has suffered or what, if any, provision of the federal or state Constitutions the statutes transgress. She does not claim impairment of a vested right by means of a retroactive statute of limitations. Her brief is devoted to the argument that

Muskopf

v.

Corning Hospital Dist.,

55 Cal.2d 211 [11 Cal.Rptr. 89, 359 P.2d 457], invests her with a right or vested right in her cause of action against the government. Her brief, however, fails to deduce any corollary from this premise. Attempting to infer what plaintiff’s brief should have made explicit, we deduce arguments such as this—that the Legislature is to act reasonably in regulating the remedy by which the vested right is to be pursued, that unreasonable regulation violates the due process guarantee, that the courts may substitute their own notions of reasonableness for the Legislature’s, that any regulation deemed by the courts to be extremely unreasonable is ipso facto unconstitutional, that

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