Judge: John J. Kralik, Case: 24BBCP00040, Date: 2024-03-29 Tentative Ruling
Case Number: 24BBCP00040 Hearing Date: March 29, 2024 Dept: NCB
North Central District
ANA CALDERON, Petitioner, v.
CITY OF LOS ANGELES, Respondent. |
Case No.: 24BBCP00040 Hearing Date: March 29, 2024 [TENTATIVE] ORDER RE: PETITION FOR RELIEF FROM GOVERNMENT TORT CLAIM TIMELINESS REQUIREMENTS |
BACKGROUND
A. Allegations
On February 7, 2024, Petitioner Ana Calderon (“Petitioner”) filed a petition for relief from Government Tort Claim timeliness requirements against Respondent City of Los Angeles (“Respondent”).
Petitioner alleges that on May 31, 2023 at approximately 8:30 p.m., she sustained injuries as a result of a defective condition of public property, which consisted of a sidewalk in front of 12229 Chandler Blvd., Valley Village, CA 91607. Petitioner alleges that she timely filed an application to Respondent to present a late claim on December 28, 2023 and that Respondent denied her application for leave to file a late claim on January 29, 2024, advising her to file a petition with the court.
DISCUSSION
The petition and the notice of hearing on the petition include a proof of service stating that the Office of the City Clerk was served by mail at 200 North Spring Street, Room 395, City Hall, Los Angeles, CA 90012. However, the petition papers were not served by personal or substituted service to put Respondent on notice of this petition action. The Court will continue the hearing on the petition to provide time for Petitioner to serve the petition papers on Respondent and to give Respondent time to oppose the petition.
CONCLUSION AND ORDER
The petition for relief from Government Tort Claim timeliness requirements is continued to May 31, 2024 at 8:30 a.m. in order to provide time for Petitioner to serve the petition papers on Respondent. The opposition and reply briefs shall be filed pursuant to the deadlines stated in the code.