Pappas

DISCUSSION

A. Legal Principles Before suing a public entity for damages, a party must first file a claim with the entity (§§ 905, 910, 945.4) within six months of the injury (§ 911.2, subd. (a)). If the claim is late, the party may apply to the public entity for

Undesignated date references are to 2023.

2 leave to file a late claim (§ 911.4, subd. (a)), if the application is submitted within one year of the injury and explains the reason for the delay (id. at subd. (b)). A timely application for leave must be granted if the delay was due to mistake, inadvertence, surprise, or excusable neglect, and the entity was not prejudiced by it. (§ 911.6, subd. (b)(1)). If the request is denied, the injured party has six months from the denial to ask the trial court to excuse the failure to file a timely claim. (§§ 945.4, 946.6, subd. (a)-(b).) The petition must explain why the claim was not filed within the initial six-month period. (§ 946.6, subd. (b)(2).) The court must grant relief if, among other things, the delay was due to mistake, inadvertence, surprise, or excusable neglect. (Id. at subd. (c)(1).) The trial court independently reviews the petition and any supporting…