Ferreira v. Glenn County

• Decision Date: 29 December 1959
• Citation: 176 Cal.App.2d 751,1 Cal.Rptr. 585
• Court: California Court of Appeals Court of Appeals
• Parties: Sonia FERREIRA, a minor, by and through Mabel Ferreira, her guardian ad litem, and Mabel Ferreira, individually, Plaintiffs and Appellants, v. COUNTY OF GLENN et al., Defendants, County of Glenn et al., Respondents. Civ. 9711.

Page 585

1 Cal.Rptr. 585

176 Cal.App.2d 751

Sonia FERREIRA, a minor, by and through Mabel Ferreira, her guardian ad litem, and Mabel Ferreira, individually, Plaintiffs and Appellants, v. COUNTY OF GLENN et al., Defendants County of Glenn et al., Respondents.

Civ. 9711.

District Court of Appeal, Third District, California.

Dec. 29, 1959.

Hearing Denied Feb. 24, 1960.

P. M. Barceloux, Burton J. Goldstein, Goldstein, Barceloux & Goldstein, Chico, for appellants.

Price & Morony, Chico, for respondents.

VAN DYKE, Presiding Justice.

Appellant Sonia Ferrira, on December 15, 1957, received personal injuries when a truck in which she was riding overturned. She brought an action against the County of Glenn, alleging that her injuries had been caused by the dangerous and defective condition of a county road. A demurrer was substained to her first amended complaint. She declined to amend and judgment was thereafter entered dismissing her action. From that judgment she appeals.

It is alleged that she filed no claim against the county until June 2, 1958. She attempts to excuse her late filing by alleging that at the time of the accident she was 15 years of age; that she had no knowledge or notice of the statute requiring her to file a claim within 90 days after the accident because of her age and her 'lack of mental and physical capacity' sufficient to enable her to know and take cognizance of the statutory requirements; that she had suffered severe injuries, was immediately hospitalized, and underwent open reduction surgery for the reduction of fractures; that she suffered severe and disabling after-effects; that she was confined to the hospital until March 10, 1958, when she returned to her home where she continued to be totally disabled until April 1, 1958; that she had no actual knowledge of the dangerous condition of the county road prior to said April 1st, and that during that period she was 'legally disabled' from entering into any contract for the employment of attorneys; that she employed counsel on April 1st, and on April 20th, and through said attorneys, she learned for the first time of the neglect and fault of the county; that on May 15th her mother was appointed her guardian ad litem and on June 2d her claim was filed. She alleged that she had proceeded in all matters with reasonable speed and diligence in view of her disabilities and she finally alleged that 'by reason of the premises, plaintiff was both physically and legally disabled from filing a verified claim within 90 days of the date of the accident.'

Fully aware of the appellate court decisions against their contentions that the foregoing allegations in the complaint excuse appellant's failure to file her claim in time, counsel urge a reexamination of those decisions. This task, responsive to their request, we have undertaken. We find that every argument made here has before been presented to appellate courts with the result it has become settled in the case law that app...