Martell v. Antelope Valley Hospital Medical Center

In Martell v. Antelope Valley Hospital Medical Center (1998) 67 Cal. App. 4th 978, the minor plaintiff's parents presented the public entity defendant with a timely claim for medical malpractice in August 1989, which the defendant rejected in October 1989. In February 1990, the parents and minor filed a complaint for medical malpractice, which they voluntarily dismissed in May 1992 because the minor's young age prevented the full extent of his injuries from being completely known. in February 1997, the plaintiffs filed a second complaint. The trial court granted the defendant's motion for summary judgment, brought on the ground that the plaintiffs had failed to comply with the requirement of section 945.6 that a complaint be filed within six months of rejection of the tort claim. (67 Cal. App. 4th at p. 980.) The Court of Appeal affirmed. The court held that the six-month statute of limitations of section 945.6 prevails over the general statutes of limitations and therefore bars the plaintiffs' complaint. (Martell v. Antelope Valley Hospital Medical Center, supra, 67 Cal. App. 4th at pp. 981-982.) The court rejected the plaintiffs' contention that effect must be given to both Government Code section 945.6 and Code of Civil Procedure section 340.5, which gives minors under the age of six until their eighth birthday to file suit. The court noted that Government Code section 945.6 existed when the Legislature enacted Code of Civil Procedure section 340.5 in 1975, and, therefore, the Legislature must be presumed to have known about the six-month filing period for complaints against public entities. The court concluded that, from the Legislature's failure to make an exception in Code of Civil Procedure section 340.5 for malpractice claims against public entities, it could infer the Legislature intended minors to be bound by Government Code section 945.6's six-month limit. (67 Cal. App. 4th at p. 983.)