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Stevens v. 396 Investment Co.5/17/2005
it generally does not warrant reversal unless there is a reasonable probability that in the absence of the error, a result more favorable to the appealing party would have been reached. [Citation.]" (Soule v. General Motors Corp. (1994) 8 Cal.4th 548, 574.)
The jury found in favor of Anaheim on liability with respect to the purported Water Code violation. The only question, then, is whether there is a reasonable probability that, absent the challenged jury instructions, a result more favorable to Anaheim would have been reached with respect to the jury's findings on the dangerous condition, trespass, and/or nuisance causes of action. The answer is "no." The record is replete with evidence supporting the findings on these causes of action, and we need not reiterate all that evidence here.
E. TORT CLAIMS FILING:
(1) 396's Claim
(a) Introduction
396 filed its initial claim with Anaheim on January 14, 1999 and filed an amended claim a year later. Anaheim points out that 396, or its predecessor The Fieldstone Company, was served with each of the plaintiffs' complaints more than a year before 396 filed its initial claim. Based on this information, Anaheim asserts that the judgment in favor of 396 must be reversed. This is because under the Government Tort Claims Act (Gov. Code, ยง 900 et seq.) (Tort Claims Act), 396 only had one year from the date of service in which to file its equitable indemnity claim with Anaheim. Inasmuch as 396 failed to file within this time period, Anaheim asserts, the claim is barred. Anaheim took several stabs at convincing the trial court to so rule, but was unsuccessful in its efforts.
(b) One-year deadline: Government Code sections 945.4, 911.2, and 901 Government Code section 945.4 provides: "Except as provided in Sections 946.4 and 946.6, no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division until a written claim therefor has been presented to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board, in accordance with Chapters 1 and 2 of Part 3 of this division."
396's claim is one to which the Tort Claims Act filing requirements apply. As Government Code section 911.2 states, "A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented . . . not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented . . . not later than one year after the accrual of the cause of action." According to Anaheim, 396 had a "property-damage-based indemnity claim" to which the one-year limitation of section 911.2 applies. In its supplemental letter brief filed December 23, 2004, 396 admits that its claim is one to which the one-year filing deadline of section 911.2 applies.
As for when the cause of action accrues, Government Code section 901 provides: "For the purpose of computing the time limits prescribed by Sections 911.2 . . . , the date of the accrual of a cause of action to which a claim relates is the date upon which the cause of action would be deemed to have accrued within the meaning of the statute of limitations which would be applicable thereto if there were no requirement that a claim be presented to and be acted upon by the public entity before an action could be commenced thereon. However, the date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues sha
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