Rogers v. Board of Education

JEFFERSON, J.

Plaintiff appeals from the judgment of dismissal entered in favor of defendants Board of Education of the City of Los Angeles and Los Angeles Unified School District of Los Angeles County, after a general demurrer to her complaint for personal injuries was sustained on the ground that the action was barred by the statute of limitations. We have concluded that the action is barred.

The complaint, filed on January 3, 1966, alleges that on April 19, 1965, an employee of defendants, while operating a vehicle owned by defendants within the course of his employment, negligently collided with another vehicle in which plaintiff was a passenger, injuring plaintiff. It is further alleged that, on May 13, 1965, plaintiff presented defendants with a claim for damages; that, on September 7, 1965, an amended claim was filed; that defendants have refused to approve or otherwise act on the claim.

Defendants’ general demurrer, based on the ground that plaintiff’s cause of action is barred by section 945.6, subdivision (a) of the Government Code because plaintiff failed to bring suit within the required six months after her claim was deemed rejected under section 912.4 of the Government Code, was sustained with leave to amend. Upon plaintiff’s failure to amend within the time allowed, defendants’ motion for an order dismissing the action as to them, was granted.

From the complaint, it appears that the accident occurred on April 19, 1965. Plaintiff’s alleged cause of action arose on this date. On May 13, 1965, plaintiff presented a claim, which is the prerequisite to a suit for damages against a public entity. The claim was timely. “A claim relating to a cause of action for . . . injury to person . . . shall be presented . . . not later than the 100th day after the accrual of the cause of action.” (Gov. Code, §911.2.)

The governing body of a local public entity to whom a claim has been presented is allowed 45 days after the date of its presentment to act on it; if it fails or refuses to act within the prescribed 45-day period, ‘‘the claim shall be deemed to have been rejected” on the last day of that period.

[358]

(Gov. Code, § 912.4.) Under this section, plaintiff’s claim was deemed rejected on June 28, 1965.