Judge: Michael E. Whitaker, Case: 25SMCP00025, Date: 2025-02-24 Tentative Ruling

Case Number: 25SMCP00025    Hearing Date: February 24, 2025    Dept: 207

TENTATIVE RULING

MOTION

This case arises from injuries Petitioner Sara Nasiri Siadatian (“Plaintiff”) purportedly sustained while walking on a city sidewalk. 

Plaintiff now petitions the Court for an order granting leave to file an action against Defendant City of Los Angeles (“Defendant” or “City”) despite the initial claim being rejected as late.

City, specially appearing, objects to the petition, and Plaintiff replies.

LEGAL STANDARD

Government Code section 835 provides:

Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either:

(a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or

(b) The public entity had actual or constructive notice of the dangerous condition under Section 835.2 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.

            Government Code section 911.2 requires:

(a) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action.

(b) For purposes of determining whether a claim was commenced within the period provided by law, the date the claim was presented to the Department of General Services is one of the following:

(1) The date the claim is submitted with a twenty-five dollar ($25) filing fee.

(2) If a fee waiver is granted, the date the claim was submitted with the affidavit requesting the fee waiver.

(3) If a fee waiver is denied, the date the claim was submitted with the affidavit requesting the fee waiver, provided the filing fee is paid to the department within 10 calendar days of the mailing of the notice of the denial of the fee waiver.

Government Code section 912.4 provides that the government is required to act on the claim within 45 days of the claim being presented (unless this period is extended by agreement of the parties), and if the government fails to act within that time, the claim is deemed rejected. 

            The Government Code outlines the procedure for untimely claims.  Section 911.4 provides:

(a)   When a claim that is required by Section 911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a written application may be made to the public entity for leave to present that claim.

(b)   The application shall be presented to the public entity as provided in Article 2 (commencing with Section 915) within a reasonable time not to exceed one year after the accrual of the cause of action and shall state the reason for the delay in presenting the claim. The proposed claim shall be attached to the application.    

(Gov. Code, § 911.4, subds. (a)-(b).)  Section 911.6 provides that the government shall grant or deny the application within 45 days, unless that period is extended by agreement of the parties. 

            Government Code section 946.6 provides:

(a) If an application for leave to present a claim is denied or deemed to be denied pursuant to Section 911.6, a petition may be made to the court for an order relieving the petitioner from Section 945.4.

(b) The petition shall show each of the following:

(1) That application was made to the board under Section 911.4 and was denied or deemed denied.

(2) The reason for failure to present the claim within the time limit specified in Section 911.2.

(3) The information required by Section 910.

The petition shall be filed within six months after the application to the board is denied or deemed to be denied pursuant to Section 911.6.

(c) The 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 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.

(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.

(4) The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time.

(5) The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during any of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time, provided the application is presented within six months of the person no longer being physically or mentally incapacitated, or a year after the claim accrues, whichever occurs first.

(6) The person who sustained the alleged injury, damage, or loss died before the expiration of the time specified in Section 911.2 for the presentation of the claim.

(Gov. Code, § 946.6.) 

            This six-month deadline to petition the court for relief is mandatory, not discretionary.  (Lineaweaver v. Southern California Rapid Transit District (1983) 139 Cal.App.3d 738, 741.)

ANALYSIS

            Plaintiff alleges her injuries occurred on January 5, 2024 on the city sidewalk in front of a Ralph’s grocery store.  (Petition at p. 3.)  Due to the severity of injuries Plaintiff sustained, Plaintiff initially mistakenly recalled that she slipped on the stairs immediately in front of Ralph’s grocery store, and accordingly brought suit against Ralph’s (Case Number 24SMCV00681 which is pending in Department 207).  (Doust Decl. at ¶¶ 3-6.)  On July 29, 2024, however, Ralph’s produced surveillance footage of the incident, demonstrating that Plaintiff actually fell on a raised portion of the city sidewalk in front of those stairs.  (Doust Decl. at ¶¶ 7-11 and Ex. B.)

            On August 1, 2024, Plaintiff’s counsel filed a late claim with the City, accompanied by a supporting declaration.  (Doust Decl. at ¶ 15 and Ex. G.) 

            On August 21, 2024, the City rejected Plaintiff’s Application to Present a Late Claim.  (Doust Decl. at ¶ 16 and Ex. H.)

            Thus, Plaintiff has submitted evidence that due to the severity of Plaintiff’s injuries, Plaintiff’s memory of the incident was affected, which precluded the filing of a claim against the City until Ralph’s produced the surveillance footage that clarified where exactly the slip occurred.

            The City objects to the petition, however, on the grounds that Plaintiff served the City with notice of the Petition on February 6, 2025, only 11 court days prior the hearing, instead of the 16 court days mandated by Code of Civil Procedure section 1005, subdivision (b), in violation of the City’s due process rights.  Further, City contends that Plaintiff did not provide a copy of the proof of service with the Petition.

            Plaintiff subsequently filed a proof of service indicating that the City was personally served with the Petition on February 6.

CONCLUSION AND ORDER

Therefore, in light of the City’s due process concerns, the Court continues the hearing to March 20, 2025 at 8:30 AM in Department 207.  The City shall file and serve an opposition to the Petition, if any, and Plaintiff shall file and serve a reply, if any, in accordance with the new hearing date under Code of Civil Procedure section 1005.

Plaintiff shall provide notice of the continued hearing and file the notice with a proof of service forthwith. 

DATED:  February 24, 2025                                                  ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court