Mito v. Temple Recycling Center Corp.

California Court of Appeal Aug 9, 2010 No. B219934Published

Before: Rothschild

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Holding. A court clerk has a ministerial duty to file a complaint that meets state requirements, and may not reject it for failure to comply with a local rule requiring a civil case cover sheet.

Issues

Whether a court clerk may reject a complaint for failure to include a local rule-mandated cover sheet when the complaint otherwise meets state filing requirements.
Whether a court may consider a new legal theory on appeal when it presents a pure question of law based on the existing record.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“the local superior court may not condition the filing of a complaint on local rule requirements. Instead, so long as a complaint complies with state requirements, the clerk has a ministerial duty to file.”

“the sanction of refusal to initially file the complaint is prohibited by the state rule.”

[278]

Opinion

ROTHSCHILD, J.

Plaintiffs Karoleen and Magda Mito appeal from an order dismissing their complaint with prejudice for failure to file it within the statute of limitations. Plaintiffs presented their complaint for filing to the superior court clerk on July 24, 2008, which date was within the applicable two-year statute of limitations. The clerk rejected it on the ground that plaintiffs failed to attach the “Civil Case Cover Sheet Addendum and Statement of Location” (the Cover Sheet) required by a local court rule. Plaintiffs contend that California Rules of Court, rule 3.220(c), required the clerk to file the complaint despite absence of the Cover Sheet. We agree and reverse the judgment of dismissal and remand the case to the trial court with directions to treat the complaint as filed on July 24, 2008.

FACTS AND PROCEEDINGS BELOW

On July 24, 2008, Karoleen Mito (Mita) faxed to the Los Angeles Superior Court (LASC) a civil complaint that sought personal injury damages from defendants as a result of a motor vehicle collision on July 26, 2006. The fax included the civil case cover sheet required by California Rules of Court, rule 3.220(a), the complaint, and summons. It did not include the Cover Sheet required by LASC local rule 2.0(d). The clerk of the court stamped the facsimile transmission Cover Sheet “Received Fax Filing July 24, 2008.” Because the complaint was not accompanied by the Cover Sheet required by local rules, on July 25, 2008, the clerk rejected it and faxed a “Notice of Rejection-Fax Filing” to Mito.

On July 28, 2008, plaintiffs again faxed the same documents but now included the Cover Sheet required by the local rules. Mito’s fax machine generated a “Send Result Report” showing the documents were transmitted to the LASC on July 28, 2008, at 4:15 p.m. The time printed on top of the LASC’s copy of the documents shows they were transmitted between 4:16 p.m. and 4:22 p.m. on July 28, 2008. The court clerk stamped the complaint as “FILED” on the following day, July 29, 2008, one day after the applicable limitations period expired.

Based on the LASC’s July 29, 2008 filing stamp, defendants demurred and moved to strike the complaint on the ground that the two-year statute of limitations for a personal injury action barred the complaint. (Code Civ. Proc.,

Mito v. Temple Recycling Center Corp.

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ROTHSCHILD, J.

FACTS AND PROCEEDINGS BELOW

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DISCUSSION

DISPOSITION

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