Gurrola

Plaintiff Juan Curróla appeals from the order of dismissal following the trial court’s sustaining of defendant County of Los Angeles’ (County) demurrer as well as the court’s granting of its motion to strike without leave to amend.

Facts

In pertinent part, appellant pleads that he was the surviving heir of Ruben Curróla who died on December 4, 1980, due to County’s negligent medical treatment. Appellant alleges that his cause of action for wrongful death did not accrue until at least November 18, 1981, due to delays in getting medical information about the death. On December 22, 1981, appellant filed a claim with County pursuant to the government claims act. (Gov. Code, § 945.4.) On January 20, 1982, County informed appellant that his claim had been rejected as untimely and that because of the time that had elapsed no application for consideration of a late claim would be accepted. (Gov. Code, § 911.4.)

Appellant then filed a petition and amended petition for an order to be relieved from the requirements of Government Code section 945.4. (Gov. Code, § 946.6.) (Hereafter referred to as petition.) That petition was denied. Appellant further pleads that because his claim…