Judge: Joel L. Lofton, Case: 23AHCP00382, Date: 2023-11-09 Tentative Ruling
Case Number: 23AHCP00382 Hearing Date: November 9, 2023 Dept: X
Tentative Ruling
Judge Joel L. Lofton,
Department X
HEARING DATE: November
9, 2023 TRIAL DATE: No date set.
CASE: PAULINE DER
MESROBIAN YACOUBIAN, an individual, v. COUNTY OF LOS ANGELES, a public entity;
and DOES 1 through 50, inclusive.
CASE NO.: 23AHCP00382
PETITION
FOR RELIEF FROM GOVERNMENT CODE SECTION 954.4
MOVING PARTY: Petitioner Pauline Der Mesrobian
Yacoubian
RESPONDING PARTY: No
response filed.
SERVICE: Filed September 5, 2023
RELIEF
REQUESTED
Petitioner seeks relief from the
claim presentation requirement of Government Code section 945.4.
BACKGROUND
This case arises out of Petitioner’s claim she
tripped and fell on a negligently maintained sidewalk.
TENTATIVE RULING
Petitioner’s
petition for an order for relief from the requirements of Government Code
section 945.4 is GRANTED.
DISCUSSION
Petitioner seeks relief from Government Code section 945.4.
“The procedural requirements for claim presentation are prerequisites to
litigation against a local public entity or employee thereof based not only on
tort liability, but on any claim for ‘money or damages.’ ” (Gong v. City of
Rosemead (2014) 226 Cal.App.4th 363, 374.)
Petitioner
provides that on November 1, 2022, she suffered an injury after she tripped and
fell while walking on an uneven dirt sidewalk around 1502 Allen Avenue,
Pasadena, California. (Petition at p. 1:16-18.) Petitioner submitted a claim
for damages with the City of Pasadena on April 24, 2023. However, when her
claim was rejected on May 31, 2023, Petitioner learned that the incident’s
location was outside of the City of Pasadena and was within the boundaries of
the County of Los Angeles (“LA County”). (Zadykyan Decl. ¶ 3.) Petitioner submitted her claim to LA
County on June 26, 2023. (Id. ¶ 4.) She filed an application to present
a late claim around June 10, 2023. (Petition at p. 2:2-3.) LA County rejected
Petitioner’s application on July 18, 2023.
Government Code section 946.6 subdivision (c)(1) provides that “[t]he 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 . . . [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.”
Petitioner demonstrated she made an
application to present a late claim pursuant to Government Code section 911.4
that was denied on July 18, 2023. (Exhibits 10-11.) Petitioner’s application
was made within eight months of the incident. Petitioner provides that she
failed to timely file a claim because she was unaware that the incident was not
within the City of Pasadena. (Zadykyan Decl. ¶ 5.)
Petitioner also provides that she did not immediately seek counsel because of
her health condition but retained counsel within the time to file a claim. (Id.
¶¶ 4-5.) Petitioner has
demonstrated that her failure to present a claim was through mistake,
inadvertence, surprise, or excusable neglect.
Petitioner has met the requirements of section 946.6,
subdivision (c)(1).
CONCLUSION
Petitioner’s
petition for an order for relief from the requirements of Government Code
section 945.4 is GRANTED.
Dated: November 9,
2023 ___________________________________
Joel
L. Lofton
Judge
of the Superior Court