Connelly v. County of Fresno (146 Cal. App. 4th 29, 2006)

Opinion

GOMES, J.

Plaintiff Karen Connelly (Connelly) appeals from the judgment entered after the trial court granted summary judgment in favor of defendants County of Fresno (County) and Kristina Elizabeth Martinez (Martinez) (collectively, respondents). We will reverse.

FACTS AND PROCEDURAL HISTORY

Summary of Facts

On October 27, 1999, Connelly was involved in an automobile accident when a County vehicle driven by County employee Martinez hit the pickup Connelly was driving. On December 8, 1999, Connelly served a “Claim for Damages,” which was a preprinted County form, on the clerk of the County Board of Supervisors. On the form, Connelly identified the date of the injury or damage as October 27, 1999, stated the location of the accident, listed the police report as the source of witnesses’ names, and named Martinez as the County employee involved. The claim form asked how the injury or damage occurred; Connelly responded, “County vehicle went through stop sign and hit private owned Chev P-U.” The form also asked what action or inaction of the County employee caused her injury or damage; Connelly responded, “The County acted negligently] by letting their driver operate a vehicle” and “[i]mproper driving—failure to obey stop sign—unsafe operation.” The form also specifically asked, “What injuries or damages did you suffer?” Connelly responded, “Damage to my ‘96 Chevy S-10 pickup—Car Rental until my Truck is Replaced. Unspecified Medical, Lost Income, future Medical.” Finally, the form asked, “Total Amount Claimed[.]” Connelly responded, “Unspecified.” Connelly signed and dated the claim form. At the bottom of the form, below her signature, the form stated, “Attach & include, with this completed form, any bills for medical treatment and expenses and any estimates or bills for personal property damage.” No bills for medical treatment or property damage were attached to the claim form Connelly submitted.

In response to the claim, the County mailed Connelly a letter dated December 13, 1999, which stated her potential claim was “insufficient in that it fails to meet with requirements of Government Code Section 910 for the following insufficient information: d] No dollar amount and No description of injuries.” The letter advised Connelly she “may amend the claim to conform to the Government Code,” and failure to do so within 15 days of the notice “will result in its rejection as being insufficient.” The letter further advised “[sjuch claim must be received by the County within six months of the incident which gives rise to the claim,” and if Connelly had any questions, she should call Tracy Meador.

On December 15, 1999, Connelly’s husband, Robert Connelly, spoke with Meador by telephone and asked what they needed to do in response to the County’s letter. According to Mr. Connelly, “Ms. Meador said it would be easy to fix the claim form.” Meador instructed him to file a written amendment to the claim stating the total amount claimed is “ ‘within the Superior Court limit.’ ” Mr. Connelly said Meador told him that to receive any settlement “my wife and I would have to submit specific documentation of the nature and amount of the property damage and car rental, and of my wife’s personal injury.” Mr. Connelly told her they “could provide documentation on the property damage and car rental, but that we did not yet know the nature of my wife’s injuries, or what the resulting medical expenses and loss of income would be.” Meador told Mr. Connelly “we could promptly settle the property damage and car rental by submitting the supporting documents at that time, while reserving the personal injury claim until we could submit adequate claim documentation to settle.” Mr. Connelly asked if the personal injury documentation had to be submitted within 15 days of the letter’s date or six months from the date of the incident. Meador responded it should be submitted within six months of the incident. According to Mr. Connelly, Meador instructed him to write in a letter: “I am Claiming only Property Damage, and Car Rental at this time, however, I request and reserve the right to file a claim for Personal Injury at a later time. Notably within 6 Months of the Incident which gave rise to this Claim.” Meador also told Mr. Connelly “we could submit additional information regarding my wife’s injuries when[] the doctors told us what was wrong with her.”

Following this conversation, Mr. Connelly prepared a letter to the County dated December 15, 1999, which Connelly signed. The letter stated it was in response to the County’s December 13, 1999, letter and the telephone contact with Meador on December 15. The letter further stated, in pertinent part: “Please accept this letter as an amendment to the Original you received on Dec. 7, [19]99. [][] I am also Enclosing copies of car rental bills to date, [ft] I Calculated the Vehicle as a Total using Fresnobee.com///cars.com for local prices and have enclosed Copies, [ft] Reply #1 for TOTAL AMOUNT CLAIMED=“Within The Superior Court limit”. [][] I am Claiming only Property Damage, and Car Rental at this time, however, I request and reserve the right to file a claim for Personal Injury at a later time. Notably within 6 Months of the Incident which gave rise to this Claim. [f] Is this the Proper information to comply with GC Sec. 910 (insuff. Information)? [