Brennan

Plaintiff appeals from a summary judgment in favor of defendant. The chronology of events leading up to the judgment is as follows:

November 22, 1960. Complaint for malpractice against defendant doctor was filed. The charging allegation was that defendant negligently treated and operated on plaintiff while the latter was a patient at the Los Angeles County General Hospital from November 22, 1959, until December 12, 1959, “and during a period of management and control thereafter when plaintiff was treated as an out patient. ’ ’ The complaint contained no allegation concerning the filing or presentment of a claim.

March 9, 1961. Answer of defendant was filed denying negligence, and pleading contributory negligence.

December 20, 1962. Pretrial conference order is filed, reciting that a pretrial was held on December 11, 1962, before Judge Moroney, containing certain stipulations not relevant to this appeal, reciting further that no law and motion matters were pending or likely and that the issues were negligence, contributory negligence, proximate cause and damages. No mention is made of any contention with respect to the filing of a claim. The case was set for trial for April 22,…