Judge: Lee W. Tsao, Case: 23NWCP00020, Date: 2023-04-04 Tentative Ruling

Case Number: 23NWCP00020    Hearing Date: April 4, 2023    Dept: C

PEREA v. COUNTY OF LOS ANGELES

CASE NO.:  23NWCP00020

HEARING: 4/4/23 @ 1:30 PM

#8

TENTATIVE RULING

Petitioner Perea’s petition for order relieving Arlene Perea from provisions of government code § 945.4 against the State of California Department of Transportation is DENIED.

Opposing Party to give NOTICE.

Plaintiff Perea petitions the court for relief from the claim filing requirement pursuant to Gov. Code § 946.6.

Any claim against a public entity for personal injury or death must be presented within 6 months of accrual of the cause of action. (Gov. Code § 911.2.)  Claimant has up to 1 year after accrual of the cause of action to apply to the public entity for permission to file a late claim. (Gov. Code § 911.4.)

“The court shall relieve the petitioner from the requirements of Section 945.4 if the court finds that the application… was made within a reasonable time not to exceed that specified in subdivision (b) of Section 911.4 [one year after accrual of the cause of action]… 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.”  (Gov. Code § 946.6(c)(1).)

“Filing a late-claim Application within one year after the accrual of a cause of action is a jurisdictional prerequisite to a claim-relief Petition. When the underlying Application to file a late claim is filed more than one year after the accrual of the cause of action, the Court is without jurisdiction to grant relief under Government Code section 946.6.”  (Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1779.)

Petitioner tripped on an uneven sidewalk on August 5, 2021 in front of El Atacor Restaurant located at 11156 Whitter Boulevard, California.  (Reyes Decl., ¶ 2.)  Petitioner attempted to file claims with the City and County, but discovered that they did not have jurisdiction over the sidewalk.  (Id., ¶¶ 5-10.)  On November 16, 2022, Plaintiff filed a claim with CalTrans.  (Id., ¶ 18.)  Petitioner’s application to file a late claim with CalTrans was filed more than one year from accrual of the cause of action.  Therefore, this court is without jurisdiction to grant relief.

Accordingly, the Petition is DENIED.