Judge: Curtis A. Kin, Case: 24STCP03804, Date: 2025-04-08 Tentative Ruling

24STCP02299  Luchia Tsegaberhan
The Petition will be granted.  A copy of the signed decree will be available in Room 112 of the clerk’s office seven days after the date of the hearing.

Case Number: 24STCP03804    Hearing Date: April 8, 2025    Dept: 86

PETITION FOR ORDER FOR

RELIEF FROM CLAIM STATUTE

Date:               4/8/25 (1:30 PM) 

Case:               Estate of Andrew Mulgrew v. City of Los Angeles (24STCP03804) 

TENTATIVE RULING:

Petitioner Estate of Andrew Mulgrew’s Petition for Order for Relief From Claim Statute Pursuant to Government Code § 946.6 is DENIED.

On October 8, 2023, petitioner Andrew Mulgrew (“Claimant”) was allegedly diagnosed with asbestos-related lung cancer. On November 27, 2023, claimant died from complications related to his lung cancer. (Pet. at 3.) A claim relating to a cause of action for death or personal injury must be presented to the public entity no later than six months after the accrual of the cause of action.¿ (Gov. Code § 911.2; Munoz v. State of California¿(1995) 33 Cal.App.4th 1767, 1776.)¿Accordingly, as agreed by the parties, Claimant’s estate (“Petitioner”) had until April 8, 2024 to present a claim to City of Los Angeles (“City” or “Respondent”). (See Jiminez v. Chavez (2023) 97 Cal.App.5th 50, 58 [six-month limitations period is the longer of six calendar months or 182 days].)

On April 5, 2024 – three days prior to the six-month deadline – petitioner mailed the claim to the City of Los Angeles Clerk using the address 200 North Spring Street, Room 395, City Hall, Los Angeles, CA 90012. (Pet. Ex. 1 & 2 [Boniey Decl. ¶¶ 3-4].) The Office of the City Clerk received petitioner’s claim on April 12, 2024. (Pet. Ex. 3.) On April 29, 2024, Respondent returned the claim as not having been presented within the six-month deadline. (Hayes Decl. ¶ 2 & Ex. B.)

On May 7, 2024, petitioner applied for leave to file a late tort claim for damages. (Pet. Ex. 5.) The Office of the City Clerk received petitioner’s application for leave to file a late claim on May 8, 2024. (Hayes Decl. ¶ 2 & Ex. C.) Respondent denied petitioner’s application for leave to file a late claim on May 20, 2024. (Hayes Decl. ¶ 2 & Ex. D.)

Petitioner files the instant petition seeking an order relieving her from having to file a government claim against Respondent pursuant to Government Code § 946.6. A petition pursuant to Government Code § 946.6 must be “filed within six months after the application to the board is denied.”¿ (Gov. Code § 946.6(b);¿see also¿City of Los Angeles v. Superior Court¿(1993) 14 Cal.App.4th 621, 627.)¿ This requirement is mandatory and operates as a statute of limitations.¿¿(Lineaweaver v. S. Cal. Rapid Transit Dist.¿(1983) 139 Cal.App.3d 738, 741; see also J.M. v. Huntington Beach Union High School Dist. (2017) 2 Cal.5th 648, 653.)

Here, the instant petition was filed on November 22, 2024.  Because respondent denied petitioner’s application for leave to file a late claim on May 20, 2024, the six-month deadline for petitioner to file a petition pursuant to Government Code § 946.6(b) fell two days earlier on November 20, 2024. (See Jiminez, 97 Cal.App.5th at 58; see also Gonzales v. County of Los Angeles (1988) 199 Cal.App.3d 601, 604 [“[W]e construe . . . six-month bar to mean an action must be filed within six calendar months or 182 days, whichever is longer”].)  As such, the instant petition is untimely.

The petition is DENIED.