Judge: Daniel M. Crowley, Case: 22STCV30218, Date: 2022-10-27 Tentative Ruling

Case Number: 22STCV30218    Hearing Date: October 27, 2022    Dept: 28

Plaintiffs Wilfred Richard Romero and Joan Van Ongevalle’s Petition for Relief from GC §945.4

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

BACKGROUND

On September 15, 2022, Plaintiffs Wilfred Richard Romero (“Romero”) and Chantal Joan Van Ongevalle (“Ongevalle”) filed a Petition for Leave to File Late Government Tort Claim against Defendant City of Santa Clarita (“Defendant”) for wrongful death. The petition is set to be heard on October 27, 2022. On October 14, 2022, Defendant filed a response. On October 20, 2022, Plaintiffs filed a reply.

Trial is currently set for March 14, 2023.

PARTY’S REQUESTS

Plaintiffs request leave to present a late claim on the basis of mistake, surprise or excusable negligence.

Defendants requests the Court deny the petition.

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

Plaintiffs’ complaint arises out of an incident that occurred on July 7, 2021. Plaintiffs filed an Application for Leave to Present Late Claim on July 14, 2022. Defendant denied Plaintiffs’ claim on August 2, 2022.

Under GC 911.4, a claim must be presented within six months (or a year, if late) of accrual of a cause of action. Plaintiffs did not submit a claim against Council within the requisite time for timely or late filing.

In order to seek relief from said requirements, Plaintiffs must seek leave by submitting a petition that shows 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.

Plaintiffs’ petition shows that application was submitted more than a year after the date of the incident, meaning that the application was not made to the board pursuant to GC §911.4. The Court must deny the motion, as Plaintiffs’ action is barred from relief by the Government Tort Claim Act requirements.

CONCLUSION

Plaintiffs Wilfred Richard Romero and Joan Van Ongevalle’s Petition for Relief from GC §945.4 is DENIED.

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.