County of Alameda v. Superior Court

Petitioner County of Alameda challenges an order granting relief from the claim presentation requirement of Government Code section 945.4.

Section 945.4 requires that a written claim be filed with a public entity before suit may be brought against that public entity. The claim must be filed not later than the 100th day after accrual of the cause of action. (§ 911.2) Although application may be filed for leave to file a late claim, the application itself must be made within a reasonable time not to exceed one year after accrual of the cause of action. (§911.4) A court may relieve a petitioner from the provisions of section 945.4 if the court finds that the application under section 911.4 was made within a reasonable time and that “(1) The failure to present the claim was through mistake, inadvertence, surprise or excusable neglect unless the public entity establishes that it would be prejudiced if the court relieves the petitioner from the provisions of Section 945.4; or . . . (3) The person who sustained the alleged injury, damage or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by…