Judge: Mitchell L. Beckloff, Case: 22STCP02788, Date: 2023-04-14 Tentative Ruling
Case Number: 22STCP02788 Hearing Date: April 14, 2023 Dept: 86
TATE v. EL
MONTE UNION HIGH SCHOOL DISTRICT
Case
Number: 22STCP02788
Hearing
Date: April 14, 2023
[Tentative] ORDER GRANTING RELIEF FROM CLAIM FILING
Petitioner,
Samantha Vejar, a minor by, and through her Guardian ad litem, Tammy Jo Tate (Petitioner),
requests the court relieve her of the claim presentation requirement of
Government Code[1]
section 945.4.
Respondent,
El Monte Unified School District, did not file an opposition. Notice is proper.
(See Minute Order of December 2, 2022.)
The
petition for relief from the claim presentation requirement is GRANTED.
APPLICABLE
LAW
Section 911.2, in the Government Tort Claims Act, provides a
“claim relating to a cause of action . . . for injury to person . . . shall be
presented . . . not later than six months after the accrual of the cause
of action.” (Emphasis added.) The date of accrual for the purpose of
presentation of a claim is the date on which the cause of action would have
accrued within the meaning of the statute of limitations. (§ 901.)
Section 946.6 is the ultimate judicial backstop of the claim
presentation process. If a claimant fails to file a timely claim and if the
public entity then denies the claimant’s application for permission to file a
late claim, the claimant may file a petition for relief from section 945.4’s
requirement of timely claim presentation prior to suit. (See also §§ 946.6,
subd. (a), 911.2 and 911.4.)
The petition must be filed within six months after the application
to the public entity is denied or deemed to be denied. (§ 946.6, subd. (b).)
The petition must show: (1) an application was made to the public entity under
section 911.4 and was denied or deemed denied; (2) the reason for the failure
to timely present the claim to the public entity within the time limit
specified in section 911.2; and (3) the information required by section 910. (§
946.6, subd. (b).)
The court shall grant relief only if it finds (1) the application
to the public entity for leave to file a late claim was made within a
reasonable time not to exceed one year after accrual of the claim as specified
in section 911.4, subd. (b); and (2) one or more of the following is
applicable:
(a)
the failure to timely 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;
(b)
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;
(c)
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; or
(d)
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.
(§ 946.6, subd. (c); see also Tammen v. County of San Diego
(1967) 66 Cal.2d 468, 474.)
In instances where the petitioner claims the failure to timely
present the claim was the product of mistake, inadvertence, surprise, or
excusable neglect, the court considers the petition under principles applicable
to relief from defaults under Code of Civil Procedure section 473, subdivision
(b). (Han v. City of Pomona (1995) 37 Cal.App.4th 552, 557 [citing Ebersol
v. Cowan (1983) 35 Cal.3d 427, 435].) When considering relief under section
946.6, the court should resolve any doubts which may exist in favor of the
application, preferring an outcome where the action may be heard on its merits.
(Viles v. California (1967) 66 Cal.2d 24, 28-29.)
A petitioner bears the initial burden of demonstrating her
entitlement to relief. (Renteria v. Juvenile Justice, Department of
Corrections and Rehabilitation (2006) 135 Cal.App.4th 903, 910-911; Toscano
v. Los Angeles County Sheriff's Department (1979) 92 Cal.App.3d 775,
784-785.) A petitioner must prove the basis for relief by a preponderance of
the evidence. (Toscano v. Los Angeles County Sheriff's Department, 92
Cal.App.3d at 784-785; Department of Water & Power v. Superior Court of
Los Angeles County (Dzhibinyan) (2000) 82 Cal.App.4th 1288, 1293.) A
respondent has no burden to establish prejudice until the petitioner has
satisfied the court that his or her failure to file a timely claim was due to
mistake, inadvertence surprise or excusable neglect. (Rivera v. City of
Carson (1981) 117 Cal.App.3d 718, 726.)
Finally, “[r]emedial statutes such as . . . section 946.6 should
be liberally construed.” (Munoz v. State
of California (1995) 33 Cal.App.4th 1767, 1783.)
ANALYSIS
Petitioner
argues the court should relieve her of the claim presentation requirement
because
she
had not reached the age of majority during all relevant time periods.
As
noted, a “claim relating to a cause of action . . . for injury to person . . .
shall be presented . . . not later than six months after the accrual of
the cause of action.” (§ 911.2 [emphasis added].) The date of accrual for the
purpose of presentation of a claim is the date on which the cause of action
would have accrued within the meaning of the statute of limitations. (§ 901.)
As
alleged in the petition, Petitioner was injured during a softball practice at
El Monte High School on May 10, 2021. (Tate Decl., ¶ 2.) Petitioner’s mother attests
she was required to file a claim with Respondent based on the injury until she
sought legal advice on March 22, 2022. (Tate Decl., ¶ 4.) On April 11, 2022,
Petitioner’s counsel caused Petitioner’s application to present a late claim to
be served on Respondent. (Nunez Decl., ¶¶ 2-4.)
Petitioner
was a minor during all of the time specified in section 911.2 for presentation
of the claim. (Tate Decl., ¶ 1.) Petitioner was born on August 22, 2004. (Pet.,
¶ 1.)
Section 911.6, subdivision (b)(2)
requires a public entity to grant a late claim application if “[t]he person who
sustained the alleged injury, damage, or loss was a minor during all of the
time . . . for the presentation of the claim.” (§ 911.6, subd.
(b)(2).) Moreover, the Supreme Court has held “[a] minor is entitled to relief
whether or not the minor's parents or counsel acted diligently, so long as
the application is made within the year after the cause of action accrued.” (J.M.
v. Huntington Beach Union High School Dist. (2017) 2 Cal.5th 648, 652.)
Petitioner’s
application to present a late claim was filed within one year of the accrual of
her cause of action. Petitioner is entitled to relief.
CONCLUSION
Based
on the foregoing, the petition is GRANTED.
IT IS SO
ORDERED.
April
14, 2023 ________________________________
Hon. Mitchell
Beckloff
Judge of the
Superior Court