Todd

Todd v. County of Los Angeles

Good Law

141 Cal. Rptr. 622·1977 Cal. App. LEXIS 1957·74 Cal. App. 2d 661·74 Cal. App. 3d 661

Court of Appeal of CaliforniaNovember 3, 1977Civ. 50635California1,240 words

Opinion

Thompson, J.

—This is an appeal from a judgment of dismissal entered after defendants’ demurrer to plaintiffs’ complaint was sustained without leave to amend. Concluding that the complaint shows on its face that it is barred by the statute of limitations contained in Government Code section 946.6, subdivision (f), we affirm the judgment.

We accept as true the allegations of the complaint. John T. Todd, a minor, was injured by the medical malpractice of the Los Angeles County/USC Medical Center in February of 1974. His father, James Todd, incurred expense as a result of the injury. On June 5, 1975, an application for leave to present a late claim was filed on behalf of Todd. The application having been denied, a petition pursuant to Government Code section 946.6 for relief from filing a claim was filed in the superior court. (See fn. 1.) On April 15, 1976, the court ordered that the petition be granted. On July 21, 1976, James Todd, acting for himself and as guardian ad litem for Todd, filed the complaint which commenced the case at bench.

Asserting the 30-day statute of limitations of Government Code section 946.6, subdivision (f), the county demurred to the complaint. The demurrer…

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