Judge: Olivia Rosales, Case: 22NWCP00305, Date: 2022-09-15 Tentative Ruling

Case Number: 22NWCP00305    Hearing Date: September 15, 2022    Dept: SEC

PEREA v. COUNTY OF LOS ANGELES

CASE NO.:  22NWCP00305

HEARING:  09/15/22

JUDGE:  JOHN A. TORRIBIO

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TENTATIVE ORDER

Petitioner’s unopposed Petition for Order Relieving Petitioner from the Provisions of Gov. Code §945.4 is GRANTED.

Moving Party to give notice.

No Opposition filed as of September 13, 2022.   

If an application for leave to present a claim is denied, a petition may be made to the court for an order relieving the petitioner from Gov. Code §945.4. (Gov. Code §946.6(a).) “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… and was denied… 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).)

Petitioner legitimately believed that the City was investigating the subject claim. Given the fact that the City did not take any official action to deny Petitioner’s claim until after the 6 month period to timely file a claim had expired, the unopposed Petition is GRANTED. The Court finds that Petitioner’s delay in presenting a claim to the County constitutes excusable neglect. The Motion is unopposed, so the City does not establish that it would be prejudiced.