Shank

Diane Shank appeals from judgment denying her petition for relief (Gov. Code, § 946.6) from the provisions of section 945.4, Government Code, requiring that a written claim be presented to respondent County of Los Angeles before an action may be brought against it.

Shank allegedly sustained personal injuries on July 24, 1980, when she slipped and fell on the premises of the Los Angeles County Olive View Medical Center (Olive View) as she was leaving a doctor’s office there. On August 13, 1980, Shank’s attorney sent a letter to Olive View explaining the circumstances of the accident and requesting that the hospital forward the letter to its insurance carrier. In a letter dated August 15, 1980, the hospital responded by indicating that it was “unable to identify this patient. ” The letter was written on stationery which bore the letterhead “Los Angeles County-Olive View Medical Center” in block letters three-sixteenths inch high; to the left of this inscription appeared the county seal with the words “Department of Health Services” beneath it. On August 20, 1980, Shank’s attorney sent another letter to Olive View stating that his client was not a patient but a claimant and…

I respectfully dissent.

The majority indicates that the trial court record discloses that the appellant’s failure to file her claim within the 100-day period was found to be the result of inexcusable neglect. I do not so read the record.

The court’s minute order of July 2, 1981, merely states in pertinent part, “Petition is denied,” and does not reveal the grounds for the court’s decision. More importantly, as I read the record, it appears that the trial court found as a matter of law, rather than as a matter of fact, that the neglect or inadvertence of appellant’s counsel was inexcusable. At the hearing on appellant’s motion, the court expressed itself in colloquy with counsel as follows: “. . .1 must state that my personal sympathies do not lie with the Government Code section 946.6. I don’t like the whole government claim thing, because I think it operates as a very detrimental trap in many areas, but I don’t think I can make my ruling based on my personal likes and dislikes. [¶] Mr. Brown [respondent’s counsel]: If I could add to the argument and taking Your Honor’s comment, going further on another point, the alternative defense presented by our opposition in this matter is…