Garcia

Garcia v. City & County of San Francisco

Good Law
1967 Cal. App. LEXIS 2162·250 Cal. App. 2d 767·58 Cal. Rptr. 760
Court of Appeal of CaliforniaMay 8, 1967Civ. 22454California1,411 words

Opinion

Opinion

Shoemaker, J.

This is an appeal by plaintiff from orders (1) denying her application for leave to file a late claim against defendant City and County of San Francisco, and (2) denying her motion to set aside the prior order.

Plaintiff was injured on May 16, 1963, while riding as a passenger on a bus owned and operated by the city; by letter of May 22,1963, her attorneys notified the city of her accident and were thereafter informed, by letter of June 10, 1963, that the matter was under investigation but that at this early date no decision had been made relative to compromise of the claim. Plaintiff thereafter changed her place of residence without informing her attorneys and did not communicate with them again until after the time for presentation of her claim had expired; although her attorneys had sent her a claim form and requested that she sign it, they had received no response due to plaintiff’s change of address. On February 21, 1964, plaintiff presented to the board of supervisors her application, under section 911.4 of the Government Code, for leave to file a late claim against the city; on March 31, 1964, she was advised that said application had been rejected on March 17, 1964.

On…

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