Hasty

Hasty v. County of Los Angeles

Good Law
131 Cal. Rptr. 347·1976 Cal. App. LEXIS 1841·61 Cal. App. 3d 623
Court of Appeal of CaliforniaAugust 30, 1976Civ. 47977California790 words

Opinion

Opinion

Kaus, J.

Appeal from an order denying relief from the provisions of Government Code section 945.4 relating to claims against public entities. Superior court relief was sought under the provisions of section 946.6. The relevant time-table is as follows:

Additional relevant matters alleged in the superior court petition are: Although new counsel informed appellant that the 100-day limitation had passed when “contact was first made with present counsel” appellant was not then aware of sufficient facts to support a valid claim. Appellant further alleged that “there are no written reports on file with the Los Angeles County Sheriff’s Department regarding the arrest of petitioner, although petitioner was held overnight and released; ...” No declaration of counsel was before the superior court.

The reporter’s transcript of the argument which preceded the court’s denial of relief indicates that the court was particularly swayed by the total lack of an explanation for the delay between March 10 when the investigation was completed and May 5 when the first step toward effecting appellant’s claim—the application to the county under section 911.4—was finally taken.

The appeal has no merit.…

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