Paniagua
Paniagua v. ORANGE COUNTY FIRE AUTHORITY
Opinion
Opinion
Rylaarsdam, J.
Plaintiff Marcelino Morales Paniagua, appearing through his guardian ad litem Adela Paniagua, appeals from a judgment dismissing his action for personal injuries against defendants Orange County Fire Authority (OCFA) and City of Westminster (Westminster). The trial court entered the judgment after granting defendants’ motions for judgment on the pleadings based on the statute of limitations. Although we do not completely concur with the trial court’s analysis, we agree the action is untimely and affirm the judgment. Therefore, we do not deal with defendants’ protective cross-appeals from an order denying their motions for summary judgment.
FACTUAL AND PROCEDURAL BACKGROUND
1. The Facts Underlying the Action
On November 14, 1998, Brandon Lee Clark struck plaintiff with his fist. Officers from Westminster’s police department arrived at the scene and detained plaintiff. When the officers requested medical assistance, paramedics from OCFA examined plaintiff. The police then drove plaintiff to his residence and spoke with his family. After the police left, plaintiff went to sleep and fell into a coma from which he has never awakened.
2. The Suit Against Clark