Rodriguez

Fred and Linda Rodriguez (plaintiffs) appeal from a denial by the superior court of their application for relief from the 100-day claim presentation requirement.

Facts

Plaintiffs seek damages from the County of Los Angeles (County) for their daughter’s death from acute pyelonephritis which allegedly went undiagnosed because of the County’s negligence. Through their attorney, they presented a claim to the County on March 2, 1983, alleging that their daughter had died on March 30, 1982, as a result of negligent care at Martin Luther King, Jr. General Hospital on March 9, 1982. The claim alleged it was timely presented because plaintiffs did not discover their daughter died as a result of negligence by the hospital until January 12, 1983, almost 10 months after the child’s death.

On March 29, 1983, the County notified them that “preliminary review . . . indicates that this claim was not timely filed,” and told them the claim would be considered a nullity, however “[y]ou may apply for leave to present late claim. ...”

On April 4, 1983, plaintiffs applied to the County for permission to file a late claim, alleging that the claim had been timely filed because plaintiffs…