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Roberts v. County of Los Angeles (Torts)
Filed June 29, 2009
Cite as 2009 SOS 4015

Six-Month and 3-Year Statutes of Limitations must Concur

Patricia Ann Roberts (Roberts) suffered from severe brain damage while being treated at the County’s Olive View-UCLA Medical Center (Olive View). Until the filing of the case, Roberts remained in the hospital brain damaged and incapacitated.

Consequently, Lula Stark (Lula) filed a complaint with the Department of Health Services Licensing & Certification Program against Olive View alleging negligence in the care of Roberts.

Subsequently, Eli Starks, Jr. and Lula (conservators) were appointed Robert’s conservators. Lula applied for leave to present a late claim under Government Code section 911.4. The County of Los Angeles (County) denied the claim as untimely.

Lula petitioned the court seeking relief from the Government Claims Act requirements pursuant to Government Code section 946.6.

Lula and the County stipulated that the latter rescinded its denial of Lula’s application for leave to file a late claim and that the claim was deemed to have presented at the County.

After four years but six months after the stipulation, Robert’s conservators filed a negligence case with the trial court.

The County moved for summary judgment. It alleged that the complaint was filed three years after the accrual of the cause of action hence barred by the statute of limitations.

The court granted the County’s motion. The conservators filed a timely appeal.

The California Court of Appeal, in affirming the judgment of the trial court, held that the conservators’ complaint must comply with the statute of limitations in both the Government Claims Act and the Medical Injury Compensation Reform Act.

It means that the complaint must be filed within the six month statute of limitations under the Government Code and the three year deadline under the Code of Civil Procedure.

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