County of Los Angeles v. Superior Court

By means of petition for writ of mandate, defendant Los Angeles County (County) is seeking reversal of the denial of a motion to dismiss for delay in prosecution. We find the filing of a government tort claim (Gov. Code, § 905 et seq.) does not change the statutory requirement that a plaintiff exercise reasonable diligence in serving and prosecuting an action against a government entity. Based on the unreasonable and inexcusable delay in serving the summons and complaint upon County, we grant a peremptory writ in the first instance and direct the respondent court to enter a dismissal of this action.

Discussion

Plaintiffs Quintero allege they sustained damages for personal injuries, assault, battery and false arrest on January 26, 1984. A government tort claim was timely filed on March 15, 1984; a complaint was filed on January 28, 1985. The court file was dormant until November 6, 1987, at which time the superior court gave notice of intention to dismiss under Code of Civil Procedure section 583.420, subdivision (a) which provides for dismissal if service is not made within two years after the action is commenced. Hearing on the motion to dismiss was set for January 8,…