Maisel

The instant appeal concerns the state’s tort liability act, found in the Government Code, commencing with section 900. It is taken from three related orders of the superior court denying plaintiff Maisel’s petition under Government Code section 946.6, to be relieved of the requirement of Government Code section 945.4 that a timely written claim be filed for damages for personal injuries allegedly caused by the negligence of defendant San Francisco State University (hereafter sometimes the University).

Among other things, Maisel contends that: “The claim presentation requirements were tolled under Insurance Code section 11583 as a matter of law.”

Accompanying Maisel’s superior court petition was his declaration, under penalty of perjury, in which he asserted the following:

We observe that the statute has twice been given effect by appellate courts of the state where insurers had made “advance payment or partial payment of damages” to injured persons on behalf of actual, or potential, personal injury action defendants. No written notices at the time of such payments, of the applicable statute of limitations, were given the injured persons. In each case, it was held that…