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

244 Cal. Rptr. 3d 880, 33 Cal. App. 5th 492
CourtCalifornia Court of Appeal, 5th District
DecidedMarch 26, 2019
DocketC087953
StatusPublished
Cited by3 cases

This text of 244 Cal. Rptr. 3d 880 (Last Frontier Healthcare Dist. v. Superior Court of Modoc Cnty.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Last Frontier Healthcare Dist. v. Superior Court of Modoc Cnty., 244 Cal. Rptr. 3d 880, 33 Cal. App. 5th 492 (Cal. Ct. App. 2019).

Opinion

RENNER, J.

In this case we hold that giving notice of an intent to file a medical malpractice action under Code of Civil Procedure section 3641 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.2

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 court responded by issuing a new order properly denying Harper's petition for relief from the claim presentation requirement. Accordingly, we shall deny Last Frontier's writ petition because the relief requested is no longer needed.3

I. BACKGROUND

As set forth in her complaint, on February 17, 2017, surgery to remove Harper's gallbladder was performed at the Modoc Medical Center. Harper alleges the surgeon negligently performed the surgery, and she was permanently injured and lost income as a result.

On January 31, 2018, Harper served a notice of her intent to file a medical malpractice action on the Modoc Medical Center and the surgeon.

Last Frontier treated Harper's notice as a governmental claim and rejected it by *883letter mailed March 16, 2018, on the basis that it was not timely.

On April 6, 2018, Harper submitted an application for leave to present a late claim to Last Frontier. The application stated "[t]he Claim is founded on a cause of action for personal injuries which accrued on February 17, 2017, and for which a Claim was not timely presented." It alleged the reason for the delay was that Harper's attorney was previously unaware the Modoc Medical Center is a public entity.

On April 24, 2018, Harper filed a complaint for medical malpractice in superior court against the surgeon and Last Frontier.

Last Frontier subsequently denied the application for leave to present a late claim because it was untimely. Harper filed a petition for relief from the claim requirement in superior court. It stated, "Petitioner's Claim is based on a cause of action that accrued on February 17, 2017.... A Claim was not timely filed on this cause of action against LAST FRONTIER." The petition alleged the reason for the delay in presenting the claim was mistake, inadvertence, surprise, and excusable neglect on the part of Harper and her counsel. In support of the petition, Harper's counsel declared he did not serve the requisite claim within six months of Harper's injuries because he was unaware the Modoc Medical Center is a public entity. Last Frontier opposed the petition. As relevant to this proceeding, Last Frontier argued Harper's underlying application for leave to present a late claim had to be served within one year of the accrual of her cause of action (February 17, 2018) in order for Harper to be entitled to judicial relief. In reply, Harper argued the application was timely because serving a notice of intent to sue entitled her to more time.

In a July 25, 2018, order, the court granted Harper's petition for relief from the claim presentation requirement. Two days later, the court issued a statement of decision explaining, "[f]or purposes of the Court's decision as to the instant Petition, the Court assumes the date of accrual was the date of the surgery, February 17, 2017. The Court notes that the date of accrual is not a fact for the Court to determine for purposes of this Petition as no evidence or argument was offered by the parties on the issue, nor was the issue raised by the Petition or the Opposition." The court held the rationale of our Supreme Court's holding in Woods v. Young (1991) 53 Cal.3d 315, 279 Cal.Rptr. 613, 807 P.2d 455 ( Woods ) for tolling the statute of limitations in medical malpractice cases based on the service of a notice of intent to sue applied to render Harper's application for leave to present a late claim timely. The court also found the late claim was the result of mistake, inadvertence, or excusable neglect.

Last Frontier filed a petition for writ of mandate and/or prohibition in this court challenging the court's order. Harper filed a preliminary opposition.

We issued an alternative writ. The trial court responded by issuing a new order denying Harper's petition for relief from the claim presentation requirement.

Harper thereafter filed a return by verified answer.

II. DISCUSSION

A. Government Claim Presentation Requirements

No suit for damages may be maintained against a public entity unless a written claim has first been presented to it. (§ 945.4.) A claim for personal injury must be presented "not later than six months after the accrual of the cause of action." (§ 911.2, subd. (a).) "When a claim ... is *884not presented within that time, a written application may be made to the public entity for leave to present that claim." (§ 911.4, subd. (a).) "The application shall be presented to the public entity ... within a reasonable time not to exceed one year after the accrual of the cause of action and shall state the reason for the delay in presenting the claim." (§ 911.4, subd. (b), italics added.)4 "Accrual of the cause of action for purposes of [these statutes] is the date of accrual that would pertain under the statute of limitations applicable to a dispute between private litigants." ( Shirk v. Vista Unified School Dist . (2007) 42 Cal.4th 201, 208-209, 64 Cal.Rptr.3d 210, 164 P.3d 630, superseded by statute as stated in Rubenstein v. Doe No. 1 (2017) 3 Cal.5th 903

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Robertson v. Doe
N.D. California, 2022
J.J. v. Superior Court
California Court of Appeal, 2021

Cite This Page — Counsel Stack

Bluebook (online)
244 Cal. Rptr. 3d 880, 33 Cal. App. 5th 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/last-frontier-healthcare-dist-v-superior-court-of-modoc-cnty-calctapp5d-2019.