Dixon

This is an appeal from the dismissal of an action for personal injuries against the City of Turlock (respondent), after a general demurrer was sustained without leave to amend on the basis that neither the original claim nor the amended claim was filed within one year of the accrual of the alleged cause of action.

Case and Facts

On December 17, 1986, appellant fell and was injured, allegedly, as a result of the respondent’s negligent maintenance of the sidewalk adjacent to Cunningham School. On December 18, 1987, appellant submitted a claim against respondent and on January 7, 1988, submitted an amended claim alleging recently discovered additional injuries. Both appellant and respondent assert that the amended claim was rejected by notice mailed on January 20, 1988, which contained the warning required by Government Code section 945.6, i.e., that plaintiff had six months in which to file a court action.

Both respondent and appellant assert that the instant action was filed on June 6, 1988 (although the original complaint does not appear in the record), and a first amended complaint was filed on August 23, 1988. A demurrer to the amended complaint was filed by…