Judge: Jill Feeney, Case: 21STCV01657, Date: 2023-04-18 Tentative Ruling

Case Number: 21STCV01657    Hearing Date: April 18, 2023    Dept: 30

Department 30, Spring Street Courthouse

April 17, 2023

21STCV01657

Defendant’s Motion for Judgment on the Pleadings

Decision:  DENIED.  Moving party ordered to give notice.

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Discussion:

The Court denies defendant’s motion for judgment on the pleadings for the following reasons: 

The central issue in this case is whether the claims presentation provision of the Government Torts Claims Act was tolled by Emergency Rule 9.  If it was not tolled, then plaintiff’s claim is time-barred and the court should grant the motion for judgment on the pleadings.  The parties, of course, dispute whether the statute of limitations of Gov. Code § 945.6 was tolled by Emergency Rule 9. 

Emergency Rule 9 reads: 

“(a) Tolling statute of limitations over 180 days 

Notwithstanding any other law, the statutes of limitations and repose of civil causes of action that exceed 180 days are tolled from April 6, 2020, until October 1, 2020. 

(b) Tolling statutes of limitations of 180 days or less 

Notwithstanding any other law, the statutes of limitations and repose of civil causes of action that are 180 days or less are tolled from April 6, 2020, until August 3, 2020.” 

(Cal. Rules of Court, appen. I, emergency rule 9.) 

The Court has found no California case which has ruled on the applicability of Emergency Rule 9 on the limitations period of Gov. Code, section 945.6.  However, the Editor’s and Revisor’s Notes accompanying Emergency Rule 9 state “Emergency rule 9 is intended to apply broadly to toll any statute of limitations on the filing of a pleading in court asserting a civil cause of action.” Because Gov. Code, section 945.6 limits the time during which a plaintiff may file an action against public entity, the Court finds that Emergency Rule 9 applies to the limitations period. 

Here, at the time Plaintiff received his rejection notice, the limitations period was already paused under Emergency Rule 9. The tolling period ended on October 1, 2020. Six months from October 20, 2020 is April 1, 2021. Plaintiff filed his complaint on January 14,2021. Therefore, Plaintiff’s action was timely.