Judge: Layne H. Melzer, Case: 2023-01312531, Date: 2023-06-15 Tentative Ruling

Petitioner Juan Mendoza

Petition for Order Relieving Petitioner from Provisions of Government Code Section 945.4 (Presenting a Government Claim)

Juan Mendoza’s Petition for an order relieving him of the claim filing requirements as to Respondent Garden Grove Unified School District under the Government Claims Act (Gov. Code § 810 et seq.) pursuant to Government Code § 946.6 is granted.

Generally, no suit for money or damages may be brought against a government entity (or against a government employee acting in the scope of employment) unless and until a timely claim has been presented pursuant to the Government Claims Act (Gov. Code § 810 et seq.) and either acted upon or deemed rejected by the passage of time. (Gov. Code §§ 945.4, 950.2, 912.4; see DiCampli-Mintz v. County of Santa Clara (2012) 55 C4th 983, 989-990; Le Mere v. Los Angeles Unified School Dist. (2019) 35 CA5th 237, 246.)

Claims for personal injury or damage to personal property must be presented “not later than six months after the accrual of the cause of action.” (Gov. Code § 911.2; see Alexander v. Exxon Mobil (2013) 219 CA4th 1236, 1263-1264.)

Here, Petitioner testifies that he was attacked on 12/16/21 while at Pacifica High School, which is in the Garden Grove Unified School District. Plaintiff was walking from one class to the next class during the day when a group of students from the football team pushed him into the bathroom attacked him. (Mendoza Decl., ¶¶1-5.) At the time of the attack, Juan Mendoza was a minor, who did not attain the age of majority (eighteen) until November 19, 2022. (Mendoza Decl., ¶13.)

“Accrual” for claim filing purposes is measured by the same rules governing accrual of a cause of action for statute of limitations purposes—i.e., normally, a tort action “accrues” upon occurrence of the last fact essential to the cause of action. [Gov. C. § 901; Rubenstein v. Doe No. 1 (2017) 3 C5th 903, 906-913; S.M. v. Los Angeles Unified School Dist. (2010) 184 CA4th 712, 717; V.C. v. Los Angeles Unified School Dist. (2006) 139 CA4th 499, 508.]

Here, the claim accrued six months from 12/16/21, or 6/16/22. No timely claim was filed with the School District.

Leave to file a late claim must be requested within a “reasonable time” and in no event later than one year after accrual of the cause of action. [Gov. Code § 911.4(b); Munoz v. State of Calif. (1995) 33 CA4th 1767, 1779.] The one-year period is not tolled for minors—even where the minor is “mentally incapacitated.” (The Legislature contemplated that the minor's parent or other custodian would file the application for relief on the minor's behalf; hence, no need for tolling.) [Gov. C. § 911.4(c)(1); Hernandez v. County of Los Angeles (1986) 42 C3d 1020, 1025; J.J. v. County of San Diego (2014) 223 CA4th 1214, 1224-1225, 1229-1230.]

Here, on 9/20/22, Petitioner’s Counsel timely filed an Application for Leave to File a Late Claim with the Garden Grove Unified School District, along with the proposed Claim pursuant to California Government Code §911.4. (Johnson Decl., ¶5, Ex. A.) One year after the accrual ended 12/16/22. Petitioner thus timely filed his Application with the School District before the expiration of this date.

Petitioner’s Application for Leave to File a Late Claim was deemed denied by operation of law on 11/4/22 (45 days after it was presented) pursuant to California Government Code §911.6. (Johnson Decl., ¶6.)

The School District was required to grant this Application because Petitioner was a minor throughout the claim filing period. (Gov. Code § 911.6(b)(2), (3) (subd. added Stats. 2021, Ch. 218; eff. 1/1/22).

Section 911.6(b) holds in relevant part that:

(b) The board shall grant the application if one or more of the following is applicable:

(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.

(Gov. Code § 911.6(b)(2), (3).)

Here, both subsections (b)(2) and (b)(3) are met

The 6-month period to file the claim was from 12/16/21 to 6/16/22. During this whole time, Plaintiff was a minor. He did not turn 18 until November 2022. Additionally, the Application was filed with the School District within a year of the claim’s accrual, before he turned 18 years old. 

The School District was required to grant leave to file a late-claim.

If application for leave to file a late claim is denied (expressly or by operation of law for failure to act on the application within 45 days), plaintiff's last recourse is to petition the court for relief from the claim filing requirements. Such relief must be sought within six months after the government entity's denial of the late claim application. This six-month time limit operates as a mandatory statute of limitations. [Gov. C. § 946.6; see J.M. v. Huntington Beach Union High School Dist. (2017) 2 C5th 648, 653-656—claimant may not file suit (per Gov. C. § 945.6(a), ¶ 5:36) in lieu of petitioning court under Gov. C. § 946.6.]

Here, Petitioner timely filed this Petition on 2/27/23, which is within 6 months of the 11/4/22 denial of the Application by operation of law.

Thus, the Petition is granted.

Petitioner has 30 days to file his Complaint. [Gov. Code § 946.6(f); see Ard v. County of Contra Costa (2001) 93 CA4th 339, 343.]

Petitioner shall serve notice of this Order.