Toscano

This is an appeal from an order entered in a proceeding commenced in superior court pursuant to section 946.6 of the Government Code denying the petition of appellants for an order relieving them from the obligation of filing a claim with a public entity.

Facts

On May 26, 1976, petitioners and appellants, Oscar and Victor Toscano, were arrested by officers of the respondent, the Sheriff’s Department of the County of Los Angeles, following an altercation in the streets of the City of Pico Rivera. Appellants allege the following events preceded and followed the arrest: While driving along Rosemead Boulevard, they were accosted by five young Mexican men who boxed in their car, assaulted and battered them, and damaged their car. Officers of respondent arrived at the scene, told eveiyone to disperse, and following appellant Oscar Toscano’s insistence that the assailants be arrested, appellants and their assailants were arrested and taken to police headquarters. Appellant Oscar Toscano was charged with assault with a deadly weapon and appellant Victor Toscano was charged with assault with intent to commit mayhem. Appellants further allege that they were harassed and…