California Court of Appeal, Carrillo v. County of Santa Clara, Docket No. B322810

Statute of Limitations

 

Demurrer Without Leave to Amend

 

Civil Procedure

 

Suit Brought Against a Public Entity

 

Accrual of a Cause of Action

 

Discovery Rule

 

Delayed Discovery Exception

 

Medical Malpractice

 

California Law

 

 

 

Appellant Emilio Carrillo appeals from a judgment of dismissal of his medical negligence claim against respondent County of Santa Clara after the trial court sustained the County’s demurrer without leave to amend on statute of limitations grounds. We affirm.

 

 

On July 12, 2019, the County demurred to Carrillo’s FAC. The County argued that Carrillo’s medical negligence claim was time-barred, citing Code of Civil Procedure section 340.5 (MICRA),1which provides that a plaintiff must file suit “within three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.” (Code Civ. Proc., § 340.5.) Because Carrillo’s foot was amputated on December 20, 2017, the County argued he was required to file suit no later than December 20, 2018, making his January 18, 2019, complaint untimely.

 

 

1 MICRA is the Medical Injury Compensation Reform Act. (Anson v. County of Merced (1988) 202 Cal.App.3d 1195, 1199 (Anson).)

 

 

The County also argued that MICRA’s one-year limitations period was not extended by Government Code section 945.6 (the Government Claims Act), which provides that “any suit brought against a public entity on a cause of action for which a pre-filing claim is required to be presented” to the public entity must be filed within six months after the public entity’s rejection of the claim. The County argued that, for his claim against the County to be timely, Carrillo was required to satisfy the deadlines in both statutes.

 

 

Except in circumstances inapplicable here, “any suit brought against a public entity on a cause of action for which a claim is required to be presented” must be brought within six months after the County’s rejection of the claim. (Gov. Code, § 945.6, subd. (a)(1).) Additionally, under MICRA, a plaintiff alleging medical negligence must file suit within “three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.” (Code Civ. Proc., § 340.5.) As to the one-year limitations period, MICRA “sets forth two alternate tests for triggering the limitations period: (1) a subjective test requiring actual suspicion by the plaintiff that the injury was caused by wrongdoing; and (2) an objective test requiring a showing that a reasonable person would have suspected the injury was caused by wrongdoing.” (Kitzig v. Nordquist (2000) 81 Cal.App.4th 1384,1391.)

 

 

(…) We hold that, here, where both section 945.6 and MICRA apply, Carrillo was obligated to meet the deadlines set forth in both statutes.

 

 

Generally speaking, a cause of action accrues at the time when the cause of action is complete with all of its elements. (Fox v. Ethicon Endo-Surgery, supra, 35 Cal.4th 797 at 806). The “discovery rule” is an exception to this general rule and postpones accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action. (Id. at 807.) To rely on the discovery rule for delayed accrual of a cause of action, a plaintiff whose complaint shows on its face that his claim would be barred without the benefit of the discovery rule must specifically plead facts to show (1) the time and manner of discovery and (2) the inability to have made earlier discovery despite reasonable diligence. (Id. at 808.) In assessing the sufficiency of the allegations of delayed discovery, the court places the burden on the plaintiff to show diligence. (Ibid.) Conclusory allegations will not withstand demurrer. (Ibid.)

 

 

(…) Because Carrillo filed his suit more than a year after his amputation, the trial court did not err in sustaining the County’s demurrer on statute of limitations grounds.

 

 

 

 

(California Court of Appeal, March 13, 2023, Carrillo v. County of Santa Clara, Docket No. B322810, Certified for Publication)