Katelaris v. County of Orange

Opinion

BEDSWORTH, J. Panyiotis and Andriana Katelaris appeal from summary judgment in favor of the County of Orange, arguing declarations offered in support of the motion were inadmissible. We hold the declarations were properly received, so the judgment is affirmed.

The Katelarises own land along Santiago Canyon Road in an unincorporated area of Orange County.1 They believe improvements to the county’s roadside drainage system spewed water onto their property, causing damage. In July 1997, their attorney submitted a claim to the county, a statutory prerequisite to filing suit. (Gov. Code, § 945.4.)2 By letter dated July 16, 1997, the county acknowledged receipt of the claim, and stated it would send notice of its response within 45 days. On September 11, 1997, somewhat past the 45-day mark, the county mailed a letter to counsel denying the claim. The letter also stated that any action on the claim had to be filed within six months of the date the letter was mailed, pursuant to section 945.6, subdivision (a)(1).

Suit was filed on April 3, 1998, beyond the six-month period, and the county moved for summary judgment on the ground the action was barred by the statute of limitations. To establish mailing of the notice of rejection, the county offered the declaration of Sunny Bittle, assistant claims manager in its risk management department. Bittle declared, “I caused to be prepared and mailed to plaintiffs’ counsel a Notice of Rejection of plaintiffs’ claim.” Bittle added that she was familiar with the mailing policies and procedures of the department and knew that correspondence was deposited in the mail on the day it was dated.

The Katelarises objected to Bittle’s declaration as lacking personal knowledge, since she did not say she prepared the notice or mailed it. Counsel also denied receiving the notice, arguing the case was subject to the longer [1214]two-year statute of limitations applicable when written notice of rejection is not given. (§ 945.6, subd. (a)(2).)

In response, the county offered a second declaration from Bittle, along with one from Matthew Winkler. Bittle addressed preparation of the notice, and Winkler the mailing of it. Bittle’s second declaration stated: “I typed the letter into my computer” and printed out two copies, one on letterhead “which I mailed” to counsel at his office address.

Winkler is an office technician in the county’s risk management department, responsible for processing outgoing mail. Winkler described his regular routine for mailing correspondence. Several times a day, he would make the rounds and pick up outgoing mail from employees’ desks. Winkler would then type envelopes, enclose the letters, seal the envelopes, affix the required postage, and place the letters in a box provided by the United States Post Office in the lobby of his building. Winkler concluded his declaration by saying that “[t]o the best of my knowledge, on September 11, 1997, I followed the above described procedure .... The letter to [counsel] dated September 11,1997 would have been mailed as described in this procedure.”