Renteria
Renteria v. Juvenile Justice, Department of Corrections & Rehabilitation
Opinion
Opinion
Sims, J.
Plaintiff Manuel Renteria asserts that, while he was incarcerated in a youth correctional facility, he was attacked and bitten by a dog that was under the control of an officer. Although seeking to hold division of Juvenile Justice, Department of Corrections and Rehabilitation (DJJ, formerly California Youth Authority), the State of California, the County of San Joaquin, and various individually named public employees not parties to this action responsible for his injuries, Renteria failed to present a timely government tort claim pursuant to Government Code sections 905 and 911.2 (undesignated statutory references are to the Government Code). His petition to file a late claim was denied by the superior court.
On appeal, Renteria argues the trial court abused its discretion in denying his petition for leave to file a late government tort claim. (§ 946.6.) We agree. We shall reverse the order denying the petition and remand to the trial court for further proceedings.
BACKGROUND
The nature of Renteria’s claim is undisputed: he contends that on December 30, 2003, while he was incarcerated in the Chaderjian Youth Correctional Facility, he was attacked and bitten by a…