City of Pasadena v. Superior Court

Plaintiff’s asbestos-caused mesothelioma claim accrued when she received that diagnosis; her government claim, filed 10 months later, was untimely, so her suit was dismissed.  Under Gov. Code 911.2, a person wishing to sue a governmental entity must first present a claim to the entity within six months of the date the claim “accrued” for purposes of the statute of limitations normally applicable to it.  In this case, plaintiff sought recovery for asbestos-caused mesothelioma, and she presented her claim 10 months after having been diagnosed with that ailment.  The special statute of limitations for asbestos caused claims, CCP 311.2, sets a time limit not from claim accrual but from “disability”—defined to mean inability to perform one’s normal job.  Despite that complication, this decision holds that plaintiff’s claim accrued for limitations purposes and thus also for purposes of the government claims statute when plaintiff was diagnosed with mesothelioma.  Since she submitted her claim more than 6 months after that date, the suit was barred.

California Court of Appeal, Second District, Division 4 (Manella, J.); June 26, 2017; 2017 WL 2729836


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