Fritts

This appeal raises the question whether the 30-day period for commencement of an action against a public entity (Gov. Code, § 946.6, subd. (f) ), following the granting of a petition for relief from the provisions of section 945.4, commences to run from the making of the order, from receipt of the clerk’s notification of the ruling or from some other time. We hold that the sending of the clerk’s notice does not extend the statutory time, which commences to run when the order is made.

Having failed to file a timely claim against the respondent county pursuant to the Tort Claims Act for alleged inadequate medical care while incarcerated in the county jail, and the county having refused his request for leave to file a late claim (§§ 911.2, 911.6), appellant petitioned the superior court pursuant to section 946.6 to be relieved of the requirement of filing a claim as a prerequisite for filing suit. The petition was heard on June 22, 1979.

A minute order granting the petition was prepared by the clerk on August 20, 1979, and mailed to the parties on the same day. It constituted the court’s order. (Code Civ. Proc., § 1003.)

Thirty-one days later, on September 20, 1979,…