Elmore

This is an appeal from a judgment of dismissal following sustaining of a demurrer without leave to amend. The basis for the demurrer was appellants’ failure to file a claim with respondent as required by Government Code section 911.2.

Statement of the Facts and Proceedings

Darryl R. Elmore was injured in a motorcycle accident on October 16, 1983, and was taken to Oak Valley District Hospital. He subsequently developed an infection, allegedly as the result of negligent medical treatment. On October 15, 1984, a complaint was filed by Mary Elmore on behalf of herself and her minor son, alleging medical negligence. Respondent was identified in the complaint as “Oak Valley Hospital.” Appellants alleged that respondent was “doing business as a partnership, corporation, or other type entity” and reserved the right to amend the complaint when respondent’s true capacity was ascertained. On September 26, 1986, a first amended complaint was filed.

On June 12, 1987, respondent demurred to the first amended complaint. Attached to its moving papers were documents which identified respondent as a public agency, owned and operated by Oak Valley Hospital District. Respondent alleged…