Dominquez

Plaintiff appeals from a superior court order denying his petition to file an alleged late claim against the County of Butte for damage to real and personal property.

Question Presented

Is the limitation in section 912 of the Government Code, prescribing a limitation of 20 days to apply to the superior court for relief after denial of a petition to the board of supervisors for leave to file a late claim against the county, jurisdictional ?

Record

On October 14,1963, plaintiff filed with the Board of Supervisors of Butte County an application to file late a claim for alleged flood damage to real and personal property which occurred on October 11 and 12,1962.

Section 911.2 of the Government Code provided in pertinent part (as to a claim against a county), “a claim relating to a cause of action . . . for injury ... to personal property . . . shall be presented . . . not later than the 100th day after the accrual of the cause of action. A claim relating to any other cause of action shall he presented . . . not later them one year after the accrual of the cause of action.” (Italics added.)

Obviously, the claim was not filed within the 100-day period set forth in section 911.2 for…