Reyes
Reyes v. County of Los Angeles
Opinion
Opinion
Klein, J.
Sergio Reyes (Sergio), a minor, by and through his guardian ad litem, Amalia Reyes (Reyes), and Reyes appeal from an order denying their petition for relief from the requirement of presenting a tort claim to respondent County of Los Angeles (County) prior to bringing suit. (Gov. Code, §§ 945.4, 946.6, subd. (a).)
Because the filing of such relief petition necessarily places in issue the accrual of the cause of action for purposes of determining whether the late claim application was timely filed, which is a factual matter for the trial court, and for additional reasons stated below, the order is affirmed.
Factual and Procedural Background
The petition alleged: Reyes is a non-English-speaking native of El Salvador who was 20 years of age when she gave birth to her son Sergio on June 10, 1980, at Los Angeles County-University of Southern California Medical Center (County-USC). On June 13, 1980, Reyes noticed Sergio had problems including welts on his head and a broken collar bone. The physician’s response to Reyes’s inquiring what was wrong with Sergio was that Sergio was born that way, and it was Reyes’s fault because she had squeezed him.