Bell v. Tri-City Hospital District

Plaintiffs William Donald Bell and Lillian Bell appeal from the judgment of dismissal entered after the demurrer of defendant Tri-City Hospital District (Tri-City) was sustained without leave to amend. The court’s ruling was based on the Bells’ failure to file an action against Tri-City within the 30-day period provided by Government Code section 946.6, subdivision (f) after the Bells obtained relief from the claim presentation requirement of section 94S.4. We conclude, however, that the Bells’ first amended complaint which was on file at the time the court granted relief from the claim requirement adequately stated a cause of action against Tri-City despite the fact that Tri-City was not named in the caption of the complaint. It was therefore unnecessary for the Bells to file a new amendment to the complaint within the 30-day period. Accordingly, we reverse.

Factual and Procedural Background

The Bells’ action against Tri-City and others alleges medical negligence and use of a defectively designed and manufactured product in a series of unsuccessful surgeries performed on William Bell commencing in May 1983. In August 1984 the Bells discussed their problems with a…