Roberts

INTRODUCTION

We are asked here to determine whether plaintiff’s suit alleging the negligence of a public entity health care provider must comply with the statutes of limitations in both the Government Claims Act (Gov. Code, § 945.6), involving actions against public entities, and the Medical Injury Compensation Reform Act (MICRA) (Code Civ. Proc., § 340.5), governing medical negligence suits. Patricia Ann Roberts, by her coconservators Eli Starks, Jr., and Lula Lee Starks (plaintiff), met the claim filing deadline contained in Government Code section 945.6 that is the prerequisite to bringing an action against a public entity. However, because of a Government Claims Act provision tolling the time by which she must file a claim with the public entity, her complaint against defendant, the County of Los Angeles (the County), was brought beyond the three-year period of limitations in MICRA’s Code of Civil Procedure section 340.5. The trial court granted the motion of the County for summary judgment and plaintiff appeals from the judgment entered thereafter.

We hold that the statute of limitations in Government Code section 945.6 can be harmonized with the three-year period…