Judge: Stephen I. Goorvitch, Case: 24STCP02794, Date: 2025-01-24 Tentative Ruling

Case Number: 24STCP02794    Hearing Date: January 24, 2025    Dept: 82

Andres Trujillo-Sanchez, et al. v. City of Pico Rivera, et al.

Case No. 24STCP02794

[Tentative] Order Granting Petition for Relief from Late Claim

INTRODUCTION

Petitioner Andres Trujillo-Sanchez (“Petitioner”) filed a petition for relief from the claims requirement under Government Code section 945.4, per section 946.6.  The petition seeks relief with respect to every respondent.  Only the County of Los Angeles (the “County”) opposes the petition.  The court grants the petition under Government Code section 946.6(c) because Petitioner was a minor. 

BACKGROUND

On or about March 12, 2023, at approximately 11:30 p.m., Petitioner’s mother, Yesenia Sanchez, and her friend, Virginia Saucedo, were walking south along Rooks Road, near the Pico Rivera Sports Arena, when they were hit by a passing motorist.  The motorist fled the scene.  Sanchez died from her injuries, and Saucedo was seriously injured.  At the time, Petitioner was a minor, having been born on June 4, 2006. 

On March 11, 2024, Applications for Leave to Present a Late Claim and Notices of Claims were concurrently presented to each respondent on behalf of Petitioner.  The Application to City of Pico Rivera was rejected on March 15, 2024.  The Application to County of Los Angeles was rejected on April 8, 2024.  The Applications to all other respondents were rejected by operation of law on April 25, 2024, pursuant to Government Code § 911.6(c).

LEGAL STANDARD

Government Code section 911.2(a) states that “a claim relating to a cause of action for death or for injury to person or to personal property . . . shall be presented . . . not later than six months after the accrual of the cause of action.”   (Gov. Code § 911.2(a).)  If written notice of the board’s action or inaction (which amounts to a rejection) on the claim is tendered pursuant to section 913, the claimant has six months from the time the written notice is personally delivered or deposited in the mail to file suit against the public entity.  (Gov. Code § 945.6(a)(1).)

If a claimant fails to make a claim within six months pursuant to Government Code section 911.2, the claimant may make a written application to the board of the public entity for permission to present a late claim within a reasonable time but not to exceed one year from the accrual of the cause of action.  (Gov. Code § 911.4(a)-(b).)  If, pursuant to the provisions of Government Code section 911.6, the board denies the application to present a late claim, the claimant may petition the Court for relief from the requirements of Government Code section 945.4.  (Gov. Code § 946.6(a).)

Government Code section 946.6(b) requires that the petition to the Court must show each of the following: (1) that the late claim application made to the board was denied or deemed denied; (2) the reason for failure to present the claim within six months of the accrual of the cause of action; and (3) the contents of the claim as required by Government Code section 910.  The petition must be filed within six months after the application to present a late claim to the board was denied or deemed to be denied.  (Gov. Code § 946.6(b).)

The court makes an “independent determination upon the petition.”  (Gov. Code § 946.6(e).)  The Petitioner bears the burden of proving by a preponderance of the evidence that the application was made within a reasonable time and that one of the statutory requirements under Government Code section 946.6(c) was met.  (Drummond v. County of Fresno (1987) 193 Cal.App.3d 1406, 1410.)

DISCUSSION

            There is no dispute that Petitioner was a minor during the relevant time periods. Government Code section 946.6 subd. (c) states, in relevant part:

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: . . . (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.

(Gov. Code § 946.6 (c), emphasis added.)  Petitioner’s claim accrued on March 12, 2023.  Petitioner made written applications seeking to present late claims on March 11, 2024, which was within one year of the accrual of the case of action.  Petitioner then filed this petition on August 29, 2024, which was six months of the denials.

The court finds that this claim was made within a “reasonable time” based upon the declarations of Petitioner and his counsel, Joshua Cohen.  Both state: (1) There was a press conference on March 8, 2024, announcing the apprehension of the motorist who killed Petitioner’s mother; (2) Petitioner attended the press conference; (3) Before the press conference, Petitioner was not aware of government claims that needed to be preserved on or before March 12, 2024.  Under these circumstances, the claims filed on March 11, 2024, were made within “a reasonable time” of the incident.  The court also notes: “Section 946.6 is a remedial statue intended to provide relief from technical rules which otherwise provide a trap for the unwary claimant.”  (Id. at 435.)  Therefore, “doubts will be resolved in favor of the party attempting to get to trial to the end that wherever possible, cases may be heard on their merits.”  (Kaslavage v. West Kern County Water Dist. (1978) 84 Cal.App.3d 529, 537.)

            The County argues that although Petitioner is a minor, the claim still was not made “within a reasonable time” because it was filed one day before the deadline, arguing that he retained prior counsel in April 2023.  This is not a persuasive argument.  In interpreting this requirement, “the neglect or ignorance of the minor’s parents or attorneys will not be attributed to the minor so as to bar a late-claim application that is filed within one year of the accrual of the minor’s action.”  (Hernandez v. County of Los Angeles (1986) 42 Cal.3d 1020, 1029. 

CONCLUSION AND ORDER

            Based upon the foregoing, the court orders as follows:

            1.         The petition for relief from the claims requirements of Government Code section 945.4 is granted.

            2.         The parties may lodge a proposed order or judgment for the court’s signature if necessary.

            3.         Petitioner’s counsel shall provide notice and file proof of service with the court.