Olden

Olden v. Hatchell

Good Law
154 Cal. App. 3d 1032·201 Cal. Rptr. 715
Court of Appeal of CaliforniaApril 25, 1984AO23307California2,827 words

Opinion

Opinion

George Wayne Olden sued the County of Contra Costa (hereafter the County) and 20 fictitiously named defendants on tort theories, alleging injuries caused by the defendants' failure to provide him with necessary medical treatment and hospitalization while he was in custody at the county jail. After the applicable statute of limitations set forth in the Tort Claims Act [1] had run, Olden filed an amendment to his complaint, pursuant to Code of Civil Procedure section 474, substituting the names of respondents, five employees or former employees of the County, in place of five fictitiously named defendants. [2] (1) (See fn. 3.) These substituted employee defendants successfully moved to strike that amendment on the ground that the claims against them were barred by the statute of limitations, and this appeal followed. [3] We reverse.

Pursuant to Government Code section 945.6, a suit against a public entity on a cause of action for which a claim is required to be filed must be commenced within six months of service of notice of rejection of the claim. [4] Presentation of a claim against a public employee or former public employee for injury resulting from an act…

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