Castro

Code of Civil Procedure section 473 (section 473) provides the court shall vacate any “default judgment or dismissal” against a party resulting from attorney mistake, inadvertence, surprise or neglect. We are asked to decide if a “dismissal” within the meaning of this provision includes a judgment of dismissal for failure of plaintiff to comply with the statute of limitations. The superior court concluded section 473 relief is unavailable in those circumstances. We agree with the superior court.

I

Plaintiff sustained personal injuries on October 4, 1993, when the vehicle she was driving was struck by a fire truck negligently operated by defendant Mark Stewart while in the course and scope of his employment with defendant Sacramento County Fire Protection District (District). On March 1, 1994, plaintiff served on the District a claim for damages incurred in the accident. The District rejected the claim on March 10.

Under Government Code section 945.6, subdivision (a)(1), a suit brought against a public entity on a cause of action for which a claim is required must be commenced within six months of notice the claim has been rejected.

Plaintiff filed her complaint on…