Bennett

This is an appeal from an order, denominated judgment, denying relief from the late filing of a claim. (Gov. Code, § 946.6.)

In their petitions, Mr. and Mrs. Bennett recite that their minor son Brian died on October 21, 1968, when he was buried under a cement wall that had been left in a hazardous condition by the respondent city. No claim was filed with the city within the 100-day period prescribed by section 911.2 of the Government Code. A claim was eventually filed on February 18, 1969, 19 days late. The reason for the late filing of the claim was petitioners’ “inadvertence and neglect, excusable in view of the fact that no attorney had been consulted until after the 100-day period had elapsed and due to the emotional state of mind of the claimants following the loss of their minor son” which disabled them from tending to their affairs “as they normally would.” The respondent city was fully informed of the accident by the president of its city council, by news media and by a complaint lodged through a property owners’ association on October 23, 1968. On the day before, October 22, 1968, the general manager of the city’s department of airports had addressed the…