Schmidt

Appellant Elizabeth Schmidt appeals from a judgment entered against her following the grant of a motion by respondent Southern California Rapid Transit District for judgment on the pleadings.

In a twist from the usual circumstance, this case involves a situation in which appellant complied with the filing deadlines requisite in making a claim against respondent, but did not file suit within one year of the injury.

The issue to be resolved is whether, in a claim against a public entity for personal injuries (not involving negligence of a health care provider), a claimant is required to comply with the time limitation provisions of both the Government Code and the Code of Civil Procedure. We hold that compliance with the Government Code is sufficient.

Facts

Appellant is now 88 years old. She was allegedly injured on December 28, 1988, while riding on respondent’s bus. She states in her complaint that the bus lurched forward as she was rising, causing her to fall to the floor and break her hip.

On June 27, 1989, one day short of the six-month filing requirement of Government Code section 911.2, appellant filed a claim with respondent. The claim was denied on July 6,…