Judge: Daniel S. Murphy, Case: 24STCV11648, Date: 2024-06-17 Tentative Ruling

Case Number: 24STCV11648    Hearing Date: June 17, 2024    Dept: 32

BACKGROUND

            On May 8, 2024, Plaintiff Fady Ashraf Youssef filed the instant petition for relief from Government Code section 945.4. Plaintiff seeks to sue the City of Los Angeles for injuries he sustained while exiting a parking structure owned by the City.

LEGAL STANDARD

Under the Tort Claims Act, certain claims must be presented to a public entity before a plaintiff may file a civil action for damages. (Gov. Code, § 945.4.) A plaintiff must present his claim no later than six months after the cause of action accrues. (Id., § 911.2, subd. (a).) If a claim is rejected as untimely, a plaintiff may file with the government entity an application for leave to file a late claim. (Id., § 911.4.) If this application is rejected, a plaintiff has six months to petition the court for relief from the requirements of Section 945.4. (Id., § 946.6.) This six-month deadline begins running upon the actual denial of the application, not when notice of the denial is given. (Rason v. Santa Barbara City Housing Authority (1988) 201 Cal.App.3d 817, 824.)

A petition under Section 946.6 must 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; and (3) the information required by Section 910. (Gov. Code, § 946.6, subd. (b).) The court shall grant the requested relief if it finds that “[t]he 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.” (Id., subd. (c)(1).) 

DISCUSSION

            The petition is unaccompanied by a proof of service demonstrating that Defendant was properly served. Therefore, the petition is denied for lack of proper service.

CONCLUSION

            Plaintiff’s petition for relief is DENIED.