Judge: Melvin D. Sandvig, Case: 23CHCP00048, Date: 2023-05-25 Tentative Ruling

Case Number: 23CHCP00048    Hearing Date: May 25, 2023    Dept: F47

Dept. F47

Date: 5/25/23

Case #23CHCP00048

PETITION FOR LEAVE TO PRESENT LATE GOVERNMENT CLAIM

Petition filed on 2/3/23.

MOVING PARTY: Petitioner H.N.

RESPONDING PARTY: Respondent Castaic Union School District

NOTICE: ok

RELIEF REQUESTED: An order granting Petitioner leave to present a late government claim. 

RULING: The petition is granted. 

Petitioner H.N., a minor by and through her Guardian Ad Litem, Kristi Moraga (Petitioner)  petitions this Court for an order relieving her from the provisions of the Government Code 945.4 to file timely claims against Respondent Castaic Union High School District, a public entity. (Respondent).

Petitioner’s claims for negligence and premises liability arise out of the alleged failure of the staff at North Lake Elementary School (North Lake), which is within Respondent district, to protect Petitioner, a student, from sexual assault.  Petitioner was born in April of 2016 and was  five years old when the alleged incidents occurred.  Petitioner is the biological granddaughter of Kristi Moraga (Moraga).  (Minassian Decl. ¶3).  At the time of the filing of this petition, Petitioner is still a minor. 

Petitioner contends that beginning on or about 8/10/21 through on or about 9/22/21, she was sexually assaulted by another student at North Lake which caused her to suffer injuries and resulted in an investigation.  (Minassian Decl. ¶¶4-8). 

On 8/5/22, Petitioner submitted an application for leave to present a late claim to Respondent.  (Minassian Decl. ¶9, Ex.1).  Respondent did not respond to the application.  (Minassian Decl. ¶10).  If the instant petition is granted, Petitioner intends to file an unlimited civil case. 

Petitioner did not present her claim for damages to Respondent within 6 months of the accrual of the cause of action as required by statute due to her minority age.  See Government Code 911.2, 945.4.  Therefore, pursuant to Government Code 911.4, Petitioner applied to Respondent to present a late claim.  As noted above, Respondent failed to respond to Petitioner’s application. 

Relief from failure to timely file a government claim is to be liberally granted.  See Renteria (2006) 135 CA4th 903, 910-912; Bettancourt (1986) 42 C3d 270, 275 n.5.  Further, when an application to present a late claim is presented on behalf of a minor claimant to the appropriate entity, the board shall grant the application if “[t]he 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.”  Government Code 911.6(b)(2).

Here, Petitioner requests relief from the Court, pursuant to Government Code 946.6, for her failure to present a timely government claim.     

On 5/12/23, Respondent filed a Statement of Non-Opposition to the instant petition.

Based on the foregoing, the petition is granted.