Munoz

Plaintiff appeals from an order denying her permission to file a late tort claim against a governmental entity (Gov. Code, § 946.6).

Statement of the Case

On December 8, 1993, plaintiff’s counsel prepared a claim for damages to be presented to the State Board of Control (Gov. Code, § 911.2). The claim alleged medical personnel of the California Correctional Institution failed to treat plaintiff’s father for cancer in his right lung, that failure led to the death of plaintiff’s father on December 14, 1992, and plaintiff incurred damages in the sum of $1 million for the wrongful death of her father.

On the same date, plaintiff’s counsel executed an application for permission to present a late claim (Gov. Code, § 911.2). Counsel alleged the claim was not filed on a timely basis because the California Correctional Institution in Tehachapi failed to release medical information relating to plaintiff’s father, despite counsel’s diligent pursuit of the necessary medical records.

On December 22, 1993, plaintiff’s claim and application were presented to the State Board of Control. On January 26, 1994, the board issued a determination letter stating: “[T]he Board has no…