Last Frontier Healthcare Dist. v. Superior Court of Modoc Cnty.

In this case we hold that giving notice of an intent to file a medical malpractice action under Code of Civil Procedure section 364 1 does not alter the jurisdictional deadlines underlying an application for relief from the Government Claims Act ( Gov. Code, § 810 et seq. ) requirement of presenting a timely claim to a public entity before bringing an action for damages against it.

This proceeding arises out of an allegedly negligent surgery performed on real party in interest Jamie L. Harper at the Modoc Medical Center. Petitioner Last Frontier Healthcare District doing business as the Modoc Medical Center (Last Frontier) is a public entity, and Harper did not present a claim to Last Frontier within a year of her surgery. Respondent superior court originally granted Harper's petition for relief from the claim presentation requirement based in part on its erroneous conclusion that Harper's giving notice of her intent to sue extended the time to file her application for leave to present a late claim with Last Frontier. Last Frontier filed a petition for writ of mandate and/or prohibition in this court challenging the court's order. We issued an alternative writ and the trial…