County of Sacramento v. Superior Court
Opinion
Opinion
Janes, J.
The County of Sacramento, petitioner herein, seeks a writ of mandate or prohibition to compel respondent superior court to grant petitioner a jury trial of factual issues involved in a proceeding instituted by the real party in interest, Roger E. James, wherein James asked relief under Government Code section 946.6 from the tort claim filing requirements of that code.
Factual and Procedural Background
Petitioner is a defendant named in a complaint for medical malpractice filed by James in respondent court on October 3, 1973. The complaint alleges that James was negligently injured between September 24, 1972, and October 6, 1972, while being treated at the Sacramento Medical Center, a facility operated by petitioner, and that James did not ascertain the cause of his injury until on or about October 6, 1972.
On September 28, 1973, not having complied with the 100-day claim filing requirement of Government Code section 911.2, James presented to petitioner an application for leave to present a late claim for damages caused by the alleged malpractice. (Gov. Code, § 911.4.) On October 16, 1973, petitioner denied the application.