McLaughlin

Plaintiff, Lawrence L. Lighthill, commenced a personal injury action against Tim McLaughlin, Milton Allen, and the State of California, acting by and through the Division of Highways, in the Humboldt County Superior Court. Defendants’ motion for summary judgment in that action was denied and defendants have now petitioned this court for a writ of mandate to compel respondent superior court to vacate such order. If the motion should have been granted, mandamus sought in this proceeding is an appropriate remedy. (Whitney's at the Beach v. Superior Court (1970) 3 Cal.App.3d 258 [ 83 Cal.Rptr. 237 ]; Bank of America v. Superior Court (1970) 4 Cal.App.3d 435 [ 84 Cal.Rptr. 421 ].)

In their motion for summary judgment, defendants, who are the petitioners in this action, contended that plaintiff’s cause of action for damages for personal injuries was barred by his failure to comply with applicable statutes governing the presentation of claims against a public entity. Specifically, defendants argue that plaintiff failed to comply with the provisions of Government Code, section 946.6, which require a claimant to petition the court for an order relieving him from the provisions of…