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Standard of Review-The Appelate court review-  result, not its rational.Paniagua v. Orange County

We agree with plaintiff that the pendency of the prior appeal tolled the running of the statute of limitations on his public entity claims.  Nevertheless we affirm because, disregarding the period during which the appeal was pending, plaintiff still exceeded the time required to satisfy the statute of limitations.  Although the trial court based its decision on other grounds, we review the result, not its rational.  (Estate of Beard (1999) 71 Cal.App.4th 753, 776.)  Regardless of the reasons given for its decision, the trial court reached the correct result. 

                        Section 945.6 governs the timely filing of an action against a public entity.  With certain exceptions not relevant here, it declares, “any suit brought against a public entity on a cause of action for which a claim is required to be presented . . . must be commenced:  [¶] (1) If written notice [denying a claim] is given . . ., not later than six months after the date such notice is personally delivered or deposited in the mail.  [¶]

(2) If written notice is not given . . ., within two years from the accrual of the cause of action.”  (§ 945.6, subd. (a).) 

                        Defendants argue the six-month limitation period applies because they sent plaintiff rejection notices.  Not so.  Their notices rejected only plaintiff’s applications to present a late claim.  Neither rejection mentioned the claim presented along with the application.  Where a public entity rejects an application to present a late claim without mentioning the claim, the case is governed by the two-year provision.  (Mandjik v. Eden Township Hospital Dist. (1992) 4 Cal.App.4th 1488, 1500; Jenkings v. County of Contra Costa (1985) 167 Cal.App.3d 152, 156.)  Thus, the applicable time period for plaintiff’s action was “two years from the accrual of the cause of action.”  (§ 945.6, subd. (a)(2).) 

Paniagua v. Orange County etc. G035809 3/29/07 CA4/3

Paniagua v. Orange County etc. G035809 3/29/07 CA4/3

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