Hunter

The issue: timeliness of commencing suit against a public entity.

The chronology:

7 October 1966—summary judgment was granted.

In relevant part, section 945.6 provides: <£. . . any suit brought against a public entity on a cause of action for which a claim is required to be presented . . . must be commenced Avithin six months after the date the claim is acted upon by the board, or is deemed to have been rejected by the board. ...”

Section 912.4 provides, in part:

By reason of 1963 Statutes, chapter 1715, page 3369; "section 152(d), since appellants’ claim was filed 12 September 1963 and not acted upon before 20 September when the legislation in question became effective, their claim was deemed submitted on 20 September, and rejected on 4 November 1963. Six months from the latter date was 4 May 1964. Appellants’ complaint, filed on 8 May, was thus four days late.

Appellants first argue that they have substantially complied with the statutory time requirements and in effect have been penalized for promptness in filing their claim with the County. They note that they were allowed 100 days from the accident to file their claim (§ 911.2) and that if they had taken full advantage…