Mitchell v. Department of Transportation

Plaintiff’s petition for relief from the claim presentation requirements of Government Code section 945.4 and the demurrers to plaintiff’s complaint by the governmental entities were calendared for hearing on the same date. The trial court denied plaintiff’s petition to be relieved from the claim filing requirements. This ruling required the trial court to sustain the demurrers without leave to amend. Plaintiff petitioned the trial court to reconsider these rulings. The trial court granted plaintiff’s motion to reconsider and after reconsideration, declined to change its ruling. Plaintiff appeals.

Facts

On September 3, 1982, plaintiff was a passenger in a Ford automobile involved in an accident on Interstate Highway 15 in the County of San Bernardino. Plaintiff and her friends were on their way to the US Festival Rock Concert to be held at Glen Helen Regional Park in that same county. The Ford carrying plaintiff was stopped behind a long line of vehicles. Plaintiff’s vehicle was rear ended by an uninsured motorist. Plaintiff sustained personal injuries as a result of the accident.

Plaintiff’s father contacted Attorney Theodore Kitt about the possibility of representing…