Carlson

Plaintiff, represented by out-of-county counsel, desired to sue in Los Angeles County. Plaintiff’s counsel prepared a complaint and sent it by Federal Express to the Los Angeles Superior Court in Santa Monica. The complaint complied in all respects with state requirements, but plaintiff’s counsel failed to include a “Certificate of Assignment” required by local rule. Because the Certificate of Assignment was absent, the clerk of the court (clerk) did not file the complaint, but instead mailed it back to counsel. By the time counsel was able to return the complaint to the court with a Certificate of Assignment several days later, the statute of limitations period had elapsed. Defendants then demurred on numerous grounds, prominent among them that the complaint was barred by the statute of limitations. Plaintiff responded by moving for an order correcting the date of filing to the date on which the complaint was first presented for filing. The trial court denied plaintiff’s motion, sustained defendants’ demurrer without leave to amend, and dismissed the complaint. Plaintiff appeals.

In the published portion of this opinion, we will hold that the local superior court may…