Carlino

Plaintiff and appellant Lewis Carlino II appeals from a judgment of dismissal following an order sustaining, without leave to amend, a demurrer to his third amended complaint. Defendant and respondent Los Angeles County Flood Control District successfully demurred on two grounds: (1) plaintiff failed to substantially comply with government claims filing statutes; and (2) plaintiff failed to timely file his action against respondent. We reverse.

Facts and Procedural Background

The operative facts are as alleged in appellant’s third amended complaint for damages, filed on December 18, 1991. In April 1988, appellant was walking on a “combination pier walkway-[storm drain]” (hereinafter, the pier) located at Dockweiler State Beach in Playa del Rey. Appellant fell from the pier and is now a paraplegic. The pier had been allowed to decay, exposing slabs of concrete attached to the pier which posed a substantial and unreasonable risk of injury to the beach-going public. The pier was designed, installed, maintained, repaired, and controlled by respondent. Appellant alleged negligence by respondent in failing to: (1) warn of this dangerous condition; (2) provide adequate…