GLORIETTA FOODS, INC. v. CITY OF SAN JOSE

Docket No. 52221.

147 Cal.App.3d 835 (1983)

195 Cal. Rptr. 355

GLORIETTA FOODS, INC., Plaintiff and Appellant, v. CITY OF SAN JOSE et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Five.

October 6, 1983.


Attorney(s) appearing for the Case

COUNSEL

Joseph H. Huber and Gassett, Perry, Frank & Bondelie for Plaintiff and Appellant.

Robert J. Logan, City Attorney, and William B. Mayfield, Deputy City Attorney, for Defendants and Respondents.


OPINION

KING, J.

(1) In this case we hold that the time within which a claimant against a public entity must file suit to avoid the bar of the statute of limitations depends upon whether the public entity gives notice of rejection of the claim. If such notice is given, the statute of limitations is six months; if not, the statute of limitations is two years from the accrual of the cause of action.

Glorietta Foods...

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