County of Nevada v. Superior Court

Petitioner (defendant) County of Nevada seeks a writ of mandate directing respondent superior court to sustain defendant’s demurrer to the complaint filed by real party in interest (plaintiff). We conclude the demurrer was properly overruled, and shall deny the petition.

The material facts may be succinctly summarized. Pursuant to Government Code section 946.6 plaintiff petitioned the superior court for relief from the claim filing requirements of the California Tort Claims Act. (Gov. Code, § 900 et seq.) Defendant did not oppose that request, and at the hearing held on August 26, 1985, the superior court announced from the bench that *808 the motion was granted. A minute order reflecting the court’s ruling was entered by the clerk on the same day. Counsel for plaintiff had also prepared and submitted a formal “Order Granting Relief from Claim Requirement,” which was signed by the judge and filed on September 4. Plaintiff filed her complaint for personal injuries on October 3, 1985. She alleges therein that defendant is liable for injuries sustained by plaintiff in an automobile accident on the theory that defendant negligently breached its duty to properly maintain the…