Kaslavage
Kaslavage v. West Kern County Water District
Opinion
Opinion
Andreen, J.
Plaintiff-appellant Gary Kaslavage was swimming in a canal managed and controlled by the Buena Vista Water District (herein called Buena Vista) on March 30, 1975. The canal is traversed by an irrigation pipe owned by respondent West Kern County Water District (herein called West Kern). West Kern is a local public entity within the meaning of Government Code section 900.4. When diving from the pipe into the canal the plaintiff struck his head resulting in serious injuries.
Plaintiff learned of the fact that West Kern owned the pipe after the 100-day time limit within which a claim must be filed (Gov. Code, § 911.2). An application for leave to present a late claim was filed on September 23, 1975. The application was denied by West Kern on October 15, 1975.
An amended petition for an order relieving petitioner from the effect of the late filing of the claim was filed with the superior court on March 16, 1976. It was denied. Plaintiff appeals from this order, alleging that he should have been granted relief on the grounds that the failure to present a timely claim was through mistake, inadvertence, surprise or excusable neglect. We agree and reverse.