Coble v. Ventura County Health Care Agency
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Pursuant to Government Code, section 945.5, before a suit for money or damages may be brought against a public entity, the plaintiff must timely present a written claim to the public entity. In this case, plaintiff failed to timely present her personal injury claim to Ventura County within the six-month statutory period and failed to timely apply for leave to present a late claim within the one-year statutory period.
The Court of Appeal denied the petition for review, concluding that plaintiff forfeited her contention that the trial judge should have disqualified herself. Plaintiff's other contention involves an issue of first impression concerning the meaning of Executive Order N-35-20, issued by Governor Newsom on March 21, 2020, in response to the COVID-19 pandemic. The court concluded that the plain meaning of the unambiguous executive order requires the court to hold that the 60 day extension applies only to the six-month period for presenting a timely claim. In this case, plaintiff did not timely apply for leave to present a late claim within the unextended one-year statutory period, and thus the trial court did not err by denying her petition for relief.
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