Rand

Plaintiff appeals from a judgment entered in favor of defendants after a ruling by the trial court, under section 597 of the Code of Civil Procedure, on a special defense constituting a bar to the prosecution of the action, in a suit for personal injuries alleged to have been caused by negligence of defendant Andreatta while in the course and scope of her employment by defendant county.

The issue presented to the trial court was whether plaintiff’s action was barred by reason of her failure to file claims pursuant to former sections 710 et seq. of the Government Code * prior to commencement of the action. The trial court’s determination of this issue in defendants’ favor necessarily included a determination that defendants were not estopped as a matter of law to set up such a defense.

Facts: At the time set for trial, the parties stipulated that (a) the accident occurred on April 5, I960; (b) plaintiff first saw an attorney no later than October 17, 1960; (c) no *849 claim as required by law was filed with either defendant prior to the filing of the action November 13, 1960; (d) a claim was filed with each defendant on or shortly following February 6, 1961, long after the time…