Lawrence

I respectfully dissent.

The majority states “a secretary was assigned the task of determining which public agency to present with the claim.” (Majority opn., ante, p. 244.) However, nowhere in any of the three declarations submitted to the court is it suggested the secretary was assigned such a task. 1 The declarations speak for themselves. The secretary was attempting to find with whom to present “a Government claim for injuries sustained in Dana Point, California.” (Declaration of Judy C. McLain—dated Aug. 3, 1983.)

It is also suggested by the majority the secretary “did conduct an investigation.” (Majority opn., ante, p. 244.) They fault governmental employees for incorrectly identifying the county as the responsible entity. But as the respondent points out, “the declarations give no evidence that anyone represented that the sidewalk was the county’s . . . and [n]owhere is it stated that [the declarant], at any time, was told that the sidewalk was the county’s or even that she asked about its ownership.” In other words, it was assumed the injury took place on county property.

The secretary did not conduct an investigation. If she had, the necessary information would have…

Steven Lawrence failed to present a claim for an injury suffered on a public sidewalk with the correct entity, the State of California. We find the error was excusable because he did — reasonably but erroneously — serve the County of Orange well within the statutory time and the county chose not to alert him to the truth concerning ownership of the property until the 100-day period in which to serve the proper agency had run. Accordingly, we reverse the order denying his petition to be relieved of the claims filing requirement.

Lawrence alleges he stepped on a sharp piece of metal protruding from the sidewalk along Pacific Coast Highway in Dana Point, an unincorporated area in the County of Orange, on March 8, 1982. Lawrence retained counsel within five weeks, and a secretary was assigned the task of determining which public agency to present with the claim (Gov. Code, § 911.2).

She telephoned the sheriff's substation in south Orange County and was advised Dana Point was not an incorporated city and had no responsibility for sidewalk maintenance and that the area was under the control of the county. For reasons not explained in any declaration, the secretary…

*244 Opinion

Steven Lawrence failed to present a claim for an injury suffered on a public sidewalk with the correct entity, the State of California. We find the error was excusable because he did—reasonably but erroneously—serve the County of Orange well within the statutory time and the county chose not to alert him to the truth concerning ownership of the property until the 100-day period in which to serve the proper agency had run. Accordingly, we reverse the order denying his petition to be relieved of the claims filing requirement.

I

Lawrence alleges he stepped on a sharp piece of metal protruding from the sidewalk along Pacific Coast Highway in Dana Point, an unincorporated area in the County of Orange, on March 8, 1982. Lawrence retained counsel within five weeks, and a secretary was assigned the task of determining which public agency to present with the claim (Gov. Code, § 911.2).

She telephoned the sheriff’s substation in south Orange County and was advised Dana Point was not an incorporated city and had no responsibility for sidewalk maintenance and that the area was under the control of the county. For reasons not explained in any declaration, the secretary also…