Rojes

Rojes v. Riverside General Hospital

Bad Law
1988 Cal. App. LEXIS 768·203 Cal. App. 3d 1151·250 Cal. Rptr. 435
Court of Appeal of CaliforniaAugust 17, 1988E003692California5,037 words

Opinion

Opinion

Campbell, J.

This is an appeal from the trial court’s denial of Rojes’s “Petition for Order Relieving Petitioner from Provisions of Government Code Section 945.4” (petition for late claim relief).

The issues on appeal are: (1) Is this appeal timely?

(2) Is the denial of a motion for reconsideration an appealable order?

(3) Did the trial court abuse its discretion in denying Rojes’s motion for reconsideration?

(4) Did the trial court abuse its discretion in denying Rojes’s petition for late claim relief?

(5) Does Government Code section 7530 require a public entity to identify itself on all its records?

(6) Is clarification and reconsideration of whether the trial court’s order applies to Dr. Stewart necessary?

Facts and Procedural History

Rojes was beaten and robbed while walking at a shopping mall on October 3, 1984. He drove himself to the Riverside General emergency room for treatment, where he was admitted for surgery for a fractured mandible and nasal bones and for nasal lacerations. When he was admitted, Rojes was “in mild distress, alert, and oriented.” On admission to Riverside General, a county facility, Rojes signed an admissions form, which, as part of the financial…

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