Carr

Carr v. State of California

Caution
129 Cal. Rptr. 730·1976 Cal. App. LEXIS 1557·58 Cal. App. 3d 139
Court of Appeal of CaliforniaMay 3, 1976Civ. 35935California3,170 words

Opinion

Opinion

Kane, J.

This is an appeal from the trial court’s judgment denying a petition for leave to present a late claim, pursuant to Government Code sections 911.4 and 946.6.

The background facts disclose that on August 29, 1969, the minor appellants, Orrin Ivan Carr, Jr., (“Orrin”), Michael R. Carr (“Michael”), Gaiy Carr (“Gary”), and Steven Carr (“Steven”) and their mother were injured in a multi-vehicle automobile accident on State Route 1 in Santa Cruz County, California. Appellants’ mother died the same day as a result of her injuries.

On Februaiy 4, 1970, less than six months after the accident, Orrin I. Carr, appellants’ father, filed a petition in the lower court for an order authorizing the compromise of certain claims that appellants had under the uninsured motorist provisions of the Carr’s own automobile insurance policy. In that petition, Mr. Carr alleged that he was the natural guardian of appellants who resided with him. The court approved the compromise on Februaiy 6, 1970.

On Februaiy 2, 1972, almost two and a half years after the accident and nearly two years after the approval of the minors’ compromise petition, appellants submitted to the State Board of Control an…

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