Judge Daniel M. Crowley, Case 22STCV21692 2022-09-29 Tentative Ruling

Judge: Daniel M. Crowley, Case: 22STCV21692, Date: 2022-09-29 Tentative Ruling

Case Number: 22STCV21692 Hearing Date: September 29, 2022 Dept: 28

Petitioner Jon Sung Kim’s Petition for Relief from GC § 945.4

Having considered the moving, opposing and reply papers, the Court rules as follows.

BACKGROUND

On July 5, 2022, Petitioner Jong Sung Kim (“Petitioner”) filed a Petition for Order Relieving petitioner from Provisions of Government Code Section 945.4 against Respondent Los Angeles County Metropolitan Transporation Authority (“Respondent”).

On August 3, 2022, Petitioner filed a Petition for Relief from GC § 945.4 to be heard on September 22, 2022. On September 9, 2022, Respondent filed an opposition. On September 14, 2022, Petitioner filed

PARTY’S REQUESTS

Petitioner requests the Court grants relief from the requirements of the claims act to allow him to proceed with the filing of a lawsuit.

Respondent requests the Court deny the motion.

LEGAL STANDARD

Under Cal. Gov. Code § 946.6 “(a) If an application for leave to present a claim is denied or deemed to be denied pursuant to Section 911.6, a petition may be made to the court for an order relieving the petitioner from Section 945.4. The proper court for filing the petition is a superior court that would be a proper court for the trial of an action on the cause of action to which the claim relates. If the petition is filed in a court which is not a proper court for the determination of the matter, the court, on motion of any party, shall transfer the proceeding to a proper court. If an action on the cause of action to which the claim relates would be a limited civil case, a proceeding pursuant to this section is a limited civil case.

(b) The petition shall show each of the following:(1) That application was made to the board under Section 911.4 and was denied or deemed denied.(2) The reason for failure to present the claim within the time limit specified in Section 911.2.(3) The information required by Section 910. The petition shall be filed within six months after the application to the board is denied or deemed to be denied pursuant to Section 911.6.

(c) The court shall relieve the petitioner from the requirements of Section 945.4 if the court finds that the application to the board under Section 911.4 was made within a reasonable time not to exceed that specified in subdivision (b) of Section 911.4 and was denied or deemed denied pursuant to Section 911.6 and that one or more of the following is applicable:(1) The failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect unless the public entity establishes that it would be prejudiced in the defense of the claim if the court relieves the petitioner from the requirements of Section 945.4.(2) The person who sustained the alleged injury, damage, or loss was a minor during all of the time specified in Section 911.2 for the presentation of the claim.(3) The person who sustained the alleged injury, damage, or loss was a minor during any of the time specified in Section 911.2 for the presentation of the claim, provided the application is presented within six months of the person turning 18 years of age or a year after the claim accrues, whichever occurs first.(4) The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time.(5) The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during any of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time, provided the application is presented within six months of the person no longer being physically or mentally incapacitated, or a year after the claim accrues, whichever occurs first.(6) The person who sustained the alleged injury, damage, or loss died before the expiration of the time specified in Section 911.2 for the presentation of the claim.”

DISCUSSION

This action arises from an incident that occurred on July 19, 2021. Petitioner failed to present a claim within six months of the incident due to attorney’s mistake, as the attorney failed to calendar the due date. Petitioner submitted an application on February 22, 2022, but was denied on March 10, 2022. Under GC § 911.2, the deadline to file a late claim is within 1 year of accrual of the cause of action. Petitioner filed the late claim within this time period, and the delay was due to mistake of Petitioner’s attorney. Petitioner complies with the requirements for relief. The Court grants the motion.

CONCLUSION

Petitioner Jon Sung Kim’s Petition for Relief from GC § 945.4 is GRANTED.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.