Jenkins

On March 25, 1983, appellant Yvonne Jenkins (Jenkins) filed a complaint against the County of Contra Costa, Contra Costa County Hospital, Dr. Arnold Borgiano and fictitious defendants, for medical malpractice in her care and treatment which occurred on June 22, 1981. Respondents Contra Costa County Hospital and County of Contra Costa demurred to the complaint. The demurrer was sustained with leave to amend. Jenkins’ first amendment to complaint, filed October 3, 1983, was also demurred to by respondents.

On the basis that the complaint did not comply with the applicable claim statutes for claims against public entities, Government Code, section 900 et seq., the trial court sustained the demurrer to the amended complaint without leave to amend and dismissed the action with prejudice. Subsequently, Jenkins filed a motion to reconsider which was denied. She appeals.

I

On June 22, 1982, Jenkins presented a claim and an application for leave to present a late claim with the Contra Costa County Board of Supervisors (County). In her claim Jenkins alleges that, as a result of the negligence of the respondents, her vocal cords were impaired. The County’s response was to deny…