Baber

Plaintiff Bruce Baber appeals from a judgment denying him relief from the claim presentation requirement of Government Code section 945.4. The dispositive issue is whether the trial court abused its discretion in denying the relief sought.

We conclude that uncontradicted evidence of plaintiff’s mental illness established his incapacity to comply with the claim requirements, there by rendering his delay reasonable, and the trial court’s denial an abuse of discretion.

Injured parties pursuing tort actions against the State of California must present a claim to the State Board of Control (Board) within 100 days of the accrual of their cause of action. (Gov. Code, § 911.2.) The timely presentation of such a claim and action thereon or rejection thereof by the Board is a prerequisite to commencement of a suit for damages. (Gov. Code, § 945.4.) Parties not meeting the 100-day period of section 911.2 may file an application to present a late claim (Gov. Code, §§ 911.4, 911.6) and if such application is denied may petition the court for relief from the provisions of section 945.4. (Gov. Code, § 946.6.) The trial court’s decision on a claim for relief under section 946.6 will…