Cruise v. City & County of San Francisco

The trial court, after first denying plaintiffs’ motion to amend their complaint, granted defendant city’s motion for judgment on the pleadings. Plaintiffs appeal. It was the theory of the trial court that the complaint was fatally defective in that it disclosed that the claim required to be filed in such actions was filed ten days too late, and that facts sufficient to raise an estoppel were not pleaded.

The complaint alleges that plaintiff Fannie B. Cruise, while a passenger on a city bus, was injured as the result of the negligence of the operator of the bus, and that, as a result of the…