Ramirez

Ramirez v. Moreno Valley Unified School Dist. CA4/1

Good Law
Court of Appeal of CaliforniaDecember 19, 2024D083775California3,853 words

Opinion

Opinion

INTRODUCTION

Silvia Ramirez and her granddaughter, S.M. (collectively, plaintiffs), appeal from the denial of their petition for relief from the notice requirements of the Government Claims Act (Gov. Code, § 810 et seq.).1 Plaintiffs’ attorneys missed the strict, six-month deadline to present their personal injury claim to Moreno Valley Unified School District (the District). (§ 911.2.) They contend the trial court abused its discretion when it ruled their attorneys failed to demonstrate the error was the result of excusable neglect within the meaning of section 946.6, subdivision (c)(1). As to Ramirez only, we disagree and affirm. However, as to S.M., we reverse the trial court’s order. As a minor at the time of the accident and during all relevant proceedings, S.M. was entitled to file a late claim without a showing of excusable neglect. (§ 946.6, subd. (c)(2).)

FACTS AND PROCEEDINGS

I. Missed Deadline Ramirez and S.M. were in a car accident on August 12, 2022. On August 29, they retained The Dominguez Firm to sue the driver of the other vehicle and the driver’s employer, the District. The District is a government entity within the meaning of section 811.2. Matthew K. Joy was…

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