Spencer

Betty L. Spencer appeals from the denial of her petition for relief from the claim presentation requirements of the Tort Claims Act (Gov. Code, § 900 et seq.). Spencer served the wrong public entity with her claim and now asserts the trial court abused its discretion when it denied her petition seeking relief on the ground of excusable neglect. We affirm.

Facts and Proceedings

According to Spencer, she suffered injuries on January 19, 1995, when, crossing the street as a pedestrian, she was hit by a car driven by Kenneth Stoddard; the driver purportedly acted in the course and scope of his employment with the Merced County Office of Education.

A police report listed Stoddard as the driver. The report recorded his employer as the “Merced Co. Dept, of Education” and contained his business phone number.

Spencer hired Attorney Paul Martyn to represent her. On March 2, 1995, Martyn sent a letter to Freese & Gianelli Claim Services making a claim for damages on behalf of Spencer. On March 8,1995, Steven Oliver, an adjuster for Freese & Gianelli, replied to Martyn’s letter. The body of the letter stated:

On March 14, 1995, Martyn wrote to the County of Merced requesting a…