Moore

Moore v. Morhar

Good Law
135 Cal. Rptr. 626·1977 Cal. App. LEXIS 1098·65 Cal. App. 3d 896
Court of Appeal of CaliforniaJanuary 13, 1977Civ. 48006California1,989 words

Opinion

Opinion

Stephens, J.

Plaintiff Lorine Moore appeals from a judgment dismissing her complaint for personal injuries against the County of Los Angeles and I. L. Morhar, Roads Commissioner for the County of Los Angeles.

Facts

On November 11, 1973, the plaintiff, a visitor from San Diego, injured her foot on some cracked curbing near 99th Street and Normandie Avenue. She contacted counsel who then explained to her the procedure for filing a claim for personal injuries with a public entity, advising her to file against the City of Los Angeles (hereinafter the City). On February 26, 1974, approximately one week after the 100-day claim filing deadline, plaintiff presented her claim against the City, together with an application for leave to file a late claim. On April 3, 1974, the City granted the late claim application, but denied the underlying claim. Shortly thereafter, on April 19, 1974, the County of Los Angeles (hereinafter the County) advised plaintiff that the curb in issue was within its jurisdiction by about one block and that a damages claim should be filed with the County. Plaintiff’s counsel remained unapprised of such information for over six months, during which time plaintiff…

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