Rason

Here we affirm an order dismissing a petition for relief from the requirements of the Tort Claims Act. The claimant filed his petition beyond the time limitation prescribed by Government Code section 946.6, subdivision (b). Because the claimant later filed a complaint for damages, we offer some guidance which perhaps will obviate the need for further appellate proceedings.

Facts

Walter Rason and his son, Walter Rason, Jr., lived in public housing provided by the Santa Barbara City Housing Authority (Housing Authority). In a claim filed with the Housing Authority, the Rasons allege that on February 6, 1986, they returned home from a vacation to discover their possessions had been removed and their apartment had been rented to another person. For the next five weeks the Rasons remained homeless, until the Housing Authority provided them with another apartment.

On May 16, 1986, 99 days after returning home to discover they had been displaced, the Rasons filed a claim with the Housing Authority seeking damages for injuries caused by wrongful eviction. (§§ 905, 910, 945.4.) The Housing Authority returned the claim with a notice explaining that the claim was not presented…