Baron v. County of Orange
September Baron appeals from a judgment dismissing her claims against the County of Orange, the Orange County Sheriff’s Department, and an individual deputy sheriff for personal injuries, after the court sustained respondents’ demurrer to her first amended complaint. In her complaint, Baron had alleged four state-law causes of action and one cause of action for federal civil rights violations under 42 U.S.C. section 1983. The trial court dismissed her claims because she had not filed her complaint within the time limit specified in Government Code section 946.6, subdivision (f).
We affirm in part and reverse in part. Baron did indeed miss the filing deadline for her state-law causes of action, by a considerable margin. Her cause of action for civil rights violations, however, is not subject to this state-law condition. The court erroneously dismissed this last cause of action when it dismissed the other four. We therefore return the matter to the trial court for further proceedings on this lone claim.
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