Cabamongan

Plaintiffs Antonio Cabamongan and Alicia Cabamongan appeal the order denying their petition for “relief from the provisions of Government Code section 945.4.”

Facts

On October 15, 1986, plaintiffs’ son Allan was struck in the head with a softball while playing at the Hudson Elementary School located in Long Beach, California. A nurse was summoned to the school to examine Allan. In turn, she determined that paramedics were needed. Allan was transferred to Memorial Medical Center in Long Beach where he died on October 23, 1986.

After Allan’s death the following events occurred: 1. December 9, 1986: Plaintiffs served a claim for injury labeled “to the City of Long Beach School District aka The City of Long Beach.” Plaintiffs alleged that the school district’s employees were negligent in their care and supervision of Allan. The claim was served on the school district only.

2. By letter of December 23, 1986, the school district denied plaintiff’s claim.

3. January 15, 1987: Plaintiffs filed their action for wrongful death against the school district and the City of Long Beach (City).

4. January 21, 1987: Plaintiffs served both entities.

5. January 23, 1987: Senior…