Reyes v. County of Los Angeles

In Reyes v. County of Los Angeles (1988) 197 Cal. App. 3d 584, the Court held that a court may decide the issue of accrual in a section 946.6 proceeding; Reyes did not hold that a party is not entitled to a jury trial on the issue of accrual in a civil medical malpractice action. The plaintiffs in Reyes asserted that the nonjury setting of the hearing on the petition for relief under section 946.6 deprived them of their right to a jury determination of the factual issue of accrual. The court rejected the argument, stating it was the plaintiffs, not the defendant, who sought a court determination of the date of accrual by filing a petition for relief, and, having chosen that forum, the plaintiffs could not complain of the loss of a jury. ( Reyes v. County of Los Angeles, supra, at p. 595.)