Moore

Ruby Gross Moore appeals from the denial of her petition, under Government Code section 946.6, for relief from the requirements of section 945.4, which makes presentation of a claim a prerequisite to suit against, in this case, the State of California (the state). The circumstances of this case are unusual if not unprecedented: Ms. Moore filed a timely claim for damages for her injuries but was required to follow the Govern ment Code’s procedures for late claims after the lawsuit based upon her timely, rejected claim was dismissed on the grounds that that claim did not sufficiently embrace the cause of action pled. We have concluded that, given the showing of reasonable mistake below and the state’s failure there even to attempt to demonstrate prejudice, Ms. Moore should have been allowed the relief she sought, and we therefore reverse.

I. Facts and Proceedings Below

The instant proceeding involves Ms. Moore’s efforts to proceed on the merits of a cause of action against the state for negligence in treatment of injuries Ms. Moore suffered while confined at Metropolitan State Hospital. On May 9, 1981, Ms. Moore was assaulted by another patient at that hospital and…