Thierfeldt

Plaintiffs have appealed from a judgment in favor of defendant Marin Hospital District, a public entity, for its cost of suit. The judgment followed the entry of an order granting that defendant’s motion for an order to strike the plaintiffs’ first amended complaint and to dismiss the action with prejudice, which motion, after the court’s decision to grant it, was at the request of the plaintiffs, resubmitted as a motion for summary judgment and again granted.

The controversy revolves about the question of whether either plaintiff has complied with the provisions of the Government Code which enable a claimant, who has failed to file a claim within 100 days (Gov. Code, § 911.2), and who, after application therefor, has failed to secure relief from a public entity (§§ 911.4 and 911.6), to secure an order of the court permitting him to file suit (§ 946.6, and cf. § 945.4). The plaintiffs further contend that on the record, the court erred in granting a summary judgment because the declaration filed on behalf of defendant is insufficient to sustain the order and judgment in its favor. Each side adamantly insists on the merit of its position concerning the performance of the…