Moyer

Appellant asserts that he sustained personal injuries by reason of wrongful diagnosis and treatment by two employees of Mendocino State Hospital during the period February 2 through August 24, 1961. It was not until April 15, 1968 that he filed with the State Board of Control his application for leave to file a late claim, attaching to it a copy of the proposed claim. This application was denied by the board May 21, 1968. On June 18, appellant filed in the superior court his petition for leave to file late claim. The trial court denied his petition. He appeals.

Appellant’s claim is not against the state, but against two employees of Mendocino State Hospital. But the proper filing of a claim against the public entity is a condition precedent to action against the employees (Gov. Code, § 950.2, and Law Revision Commission comments thereon).

Under the claims statute, the claim must be filed within 100 days after accrual of the cause of action (Gov. Code, § 911.2). If it is not so filed, an application for leave to file the claim may be made, but must be filed “within a reasonable time not to exceed one year after the accrual of the cause of action” (Gov. Code, § 911.4). If…

I agree with the majority opinion that the Legislature's enactments compel both infants and insane persons to comply with *Page 494 the Government Code sections relative to the filing of claims against public entities. (Gov. Code, § 900 et seq.) It is interesting to note that the Legislature in 1970 reaffirmed this policy by amending Code of Civil Procedure section 352 , which section tolled the statute of limitations as to incompetents and minors, and added subdivision (b) which provides: "This section does not apply to an action against a public entity or public employee upon a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) or Chapter 2 (commencing with Section 910) of Part 3, or Chapter 3 (commencing with Section 950) of Part 4, of Division 3.6 of Title 1 of the Government Code. This subdivision shall not apply to any claim presented to a public entity prior to January 1, 1971." (Stats. 1970, ch. 104; see also 1969 amendments to Gov. Code, § 910.8 et seq.) This amendment (Code Civ. Proc., § 352 , subd. (b)) thus renders nugatory the Supreme Court's decision in Williams v. Los Angeles Met. Transit…

OPINION Appellant asserts that he sustained personal injuries by reason of wrongful diagnosis and treatment by two employees of Mendocino State Hospital during the period February 2 through August 24, 1961. It was not until April 15, 1968 that he filed with the State Board of Control his application for leave to file a late claim, attaching to it a copy of the proposed claim. This application was denied by the board May 21, 1968. On June 18, appellant filed in the superior court his petition for leave to file late claim. The trial court denied his petition. He appeals. (1) Appellant's claim is not against the state, but against two employees of Mendocino State Hospital. But the proper filing of a claim against the public entity is a condition precedent to action against the employees (Gov. Code, § 950.2, and Law Revision Commission comments thereon). Under the claims statute, the claim must be filed within 100 days after accrual of the cause of action (Gov. Code, § 911.2). If it is not so filed, an application for leave to file the claim may be made, but must be filed "within a reasonable time not to exceed one year after the accrual of the cause of action" (Gov. Code, § 911.4).…