People Ex Rel. Department of Transportation v. Superior Court

In this case, we hold that the trial court abused its discretion in relieving Paul Isenhower and his two children from the six-month deadline to file a government claim (Gov. Code, § 911.2 [all further unspecified statutory references are to this code]) based on “mistake, inadvertence, surprise, or excusable neglect” (§ 946.6, subd. (c)(1)), where the record reveals a total absence of diligence on their part during the entire claim-filing period. We will issue a peremptory writ.

Facts

The facts are undisputed. On June 1, 2001, Paul Isenhower and his wife were traveling southbound on Highway 99 near the Manteca bypass when they noticed a cloud of smoke, which obscured vision on the highway. Isenhower’s wife drove into the smoke and became disoriented. She drove the vehicle onto the shoulder of the road and stopped. Isenhower was able to get out of the vehicle. His clothing caught fire, but he was able to extinguish the flames. His wife perished when the car caught fire.

Isenhower was hospitalized and emotionally upset after the fire incident. He understood from newspaper accounts that the fire may have been set by an arsonist. He did not seek legal counsel for at least…