Roberts v. County of Los Angeles, No. B208828

By FindLaw Staff on June 30, 2009 | Last updated on March 21, 2019

In a negligence action against a public-entity health-care provider, trial court judgment is affirmed where: 1) plaintiffs must comply with both the six-month statute of limitations in the Government Claims Act and the three-year statute in the Medical Injury Compensation Reform Act (MICRA) when bringing actions for medical negligence against public entities where the latter deadline is the outside date by which plaintiffs must file their suits against public-entity health-care providers; and 2) plaintiff's complaint was untimely filed despite being timely under the Act, as it was filed more than a year after the expiration of the three-year date in MICRA.    

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Appellate Information
APPEAL from a judgment of the Superior Court of Los Angeles County, John P. Farrell, Judge. Affirmed.
SECOND APPELLATE DISTRICT, DIVISION THREE
Filed June 29, 2009

Judges
Before ALDRICH, J., CROSKEY, Acting P.J., KITCHING, J
Opinion ALDRICH, J.   

Counsel
For Plaintiff: Law Offices of Sean M. Burke and Sean M. Burke.
For Defendant: Law Offices of David J. Weiss, David J. Weiss and Peter M. Bollinger; Pollak, Vida & Fisher and Daniel P. Barer.

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