Lewis

Plaintiffs, the surviving husband and daughter of Ethelena Lewis, seek damages for her wrongful death. Mrs. Lewis was injured in a municipal bus accident July 29, 1965. The complaint alleges that “within the time . . . prescribed by law,” i.e., within 100 days of the injury (Gov. Code, § § 905, 911.2), Mrs. Lewis filed with defendant city and county her claim for damages for her injuries. She died, allegedly as the result of those injuries, on May 9, 1968, some 33 months after her injury. No claim for damages for wrongful death was filed with the city and county, and it demurred to the complaint, which was filed May 8, 1969, upon this ground. The demurrer was sustained with leave to amend. No amendment was filed, and the action was dismissed as to the city. Plaintiffs appeal.

Appellants’ principal argument is that the claims statute unconstitutionally denies equal protection of the law in that it requires a claim against a public body, but not against a private corporation or an individual. The contention is without merit (Dias v. Eden Township Hospital Dist., 57 Cal.2d 502, 504 [ 20 Cal.Rptr. 630 , 370 P.2d 334 ]).

Appellants also argue that Mrs. Lewis’ filing of her…