HIM

Background

Cheat Phay committed suicide in March 2001, while an inpatient of the Acute Psychiatry Service at San Francisco General Hospital. On August 30, 2001, defendant City and County of San Francisco (City) received government tort claims on behalf of plaintiffs Phay Him and Van Nun, the parents of the decedent. On November 19, 2001, representatives of the City purportedly mailed formal notices rejecting the claims to plaintiffs’ counsel. The notices warned that any action on the claims had to be filed within six months of the date the notices were mailed, pursuant to Government Code section 945.6. Plaintiffs contend they never received the claim rejection notices.

Plaintiffs filed their negligence action on March 3, 2003, beyond the six-month period, and the City moved for summary judgment asserting, among other things, that the action was barred by the late filing. To establish mailing, the City submitted the claim rejection notices, with attached proofs of service signed by a City claims adjuster. The claims adjuster also submitted a declaration averring she had sent the claim rejection notices on November 19, 2001. Plaintiffs filed opposition papers and…