Santee

Santee v. Santa Clara County Office of Education

Good Law
1990 Cal. App. LEXIS 493·220 Cal. App. 3d 702·269 Cal. Rptr. 605
Court of Appeal of CaliforniaMay 18, 1990H005295California4,612 words

Opinion

Opinion

Elia, J.

This appeal arises out of the failure of appellants to comply with the claim presentation requirements of the Tort Claims Act (Gov. Code, § 900 et seq.). Appellants filed an application for leave to present a late claim (late-claim application) with the wrong public entity, which granted the application but later notified appellants that it was the wrong entity. Despite this knowledge appellants did not contact or attempt to file a late-claim application with the correct public entity until well over one year after the wrongful act occurred. The trial court denied appellants’ petition for relief from the claim presentation requirements as well as their motion for reconsideration. Appellants argue their late-claim application was timely as a result of its acceptance by the wrong public entity or by reason of their physical or mental incapacity. Appellants also propose the evidence showed they actually filed a timely claim with the correct public entity. As these contentions lack merit we will affirm.

Statutory Framework of Claim Presentation

Since the issues raised in this appeal relate to the claim presentation requirements of the act, we here set forth its relevant…

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