Solano v. County of Los Angeles
Filed 7/18/06 Solano v. County of Los Angeles CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| OFELIA SOLANO, Plaintiff and Appellant, v. COUNTY OF LOS ANGELES et al., Defendants and Respondents. | B183169 (Los Angeles County Super. Ct. No. YC049866) |
APPEAL from an order of the Superior Court of Los Angeles County, Bob T. Hight, Judge. Affirmed.
Diamond, Burt, & Akhkashian and David D. Diamond for Plaintiff and Appellant.
Lewis Brisbois Bisgaard & Smith, Laura E. Inlow and Judith M. Tishkoff for Defendants and Respondents.
______________________
Ofelia Solano appeals from an order dismissing her action against the County of Los Angeles and its employees following the sustaining of a demurrer without leave to amend based on failure to file a timely claim. She claims the demurrer should have been overruled because she substantially complied with the government tort claims act, and sufficiently states causes of action. We agree with the first argument but not the second.
FACTUAL AND PROCEDURAL SUMMARY
Since this case reaches us after the sustaining of a demurrer, for purposes of this appeal, we accept all properly pleaded facts as true. (Branson v. Martin (1997) 56 Cal.App.4th 300, 302.) The complaint alleges that on the evening of July 26, 2003, Valeria Salas was driving in Los Angeles County near the intersection of Long Beach Boulevard and Michigan Avenue. Susana Solano was a passenger in the car. Los Angeles County Sheriff's Deputy Joel Ulloa stopped the vehicle, and determined that Salas was under the age of 21, was under the influence of alcohol, and did not have a driver's license. Nevertheless, according to the complaint, Deputy Ulloa permitted Salas to drive home. A few minutes later, the car was involved in an accident, and passenger Solano was killed.
On January 28, 2004, Susana Solano's brother, David Solano, presented a claim under the Government Tort Claim statute (Gov. Code, § 911.2)[1] to the County of Los Angeles (County). The gravamen of the claim was that the deputy permitted Salas to continue driving after he discovered she was under the influence of alcohol, and had no driver's license. Named as claimant was: â€
