Petition for Leave to File Late Claim (Judge Robert J. Moss)


Petition for leave to file a late claim.? Petition denied.

Petitioner concedes that the date of the occurrence was 11/16/15.? She did not file a claim with the governmental entity within 6 months of the date of the occurrence and did not even seek the advice of counsel concerning her rights and obligations until 6/29/16, approximately 2 months after the statutory claim period expired.

Petitioner?s argument is that, as a lay person, she was not aware of the claim filing requirement.? If this constituted ?excusable neglect? late claims would be permitted in virtually all such petitions as the vast majority of lay people are unaware of the claim filing requirements.? The claim filing statute would become meaningless as all one would have to do to file a late claim would be to assert ignorance of the requirement.

A mistake of law, even if by a lay person, is not excusable absent the claimant taking reasonable, demonstrable steps to discover the claim filing deadline during the six-month period.? People ex. rel Department of Transportation v Superior Court (2003) 105 Cal. App. 4th 39.? At a minimum, a petitioner seeking to file a late claim must make a diligent effort to obtain legal counsel within six months after the accrual of the cause of action.? (Id. at pp. 44-45; Ebersol v Cowan (1983) 35 Cal. 3d 427, 439.)

While the claim filing requirements may be harsh, it is not the place of this court to override the legislature?s mandates concerning claims against governmental entities.

Moving party to give notice.