Rivera

Pursuant to Government Code section 946.6, Michael Rivera, Randy Bowles and Robert Rooney filed a petition in superior court for relief from the provisions of section 945.4 requiring that they present a written claim to respondent City of Carson before bringing an action against it. The petition alleged that on April 25, 1979, petitioners presented to the city a written application for leave to file a late claim for damages on account of personal injuries sustained by them on July 20, 1978, when the car in which they were riding went out of control at a street intersection in the city because of the city’s negligence in the design and maintenance of the intersection; the application was denied on June 4, 1979; the reason for the delay in presenting the claim was mistake, inadvertence, surprise and excusable neglect on the part of petitioners in that they (and especially Rivera) feared that criminal proceedings would be filed against them as a result of the accident; an additional reason for the delay in presenting the claim was that Bowles and Rooney were minors throughout the 100-day period following the accident during which the claim was required to be presented.

The…