Gilberd

I. Introduction

Appellant appeals from a judgment of dismissal, based upon the sustaining of a demurrer without leave to amend, which was entered after the trial court granted respondent’s motion to reconsider its initial order granting appellant relief, pursuant to Government Code section 946.6, from the claims filing requirements of the Tort Claims Act. (Gov. Code § 810 et seq.) We conclude that the trial court lacked jurisdiction over respondent’s motion to reconsider. We further conclude that the alternative bases of respondent’s motion, requests for a new trial and for relief pursuant to Code of Civil Procedure section 473, also cannot support the challenged order. Because the trial court exceeded its jurisdiction, we must vacate the judgment and order entered as a result of the motion for reconsideration.

II. Factual and Procedural Background

Appellant was seriously injured on April 24, 1992, while allegedly a passenger on one of respondent’s buses. Respondent is a public entity, created pursuant to Public Utilities Code section 24501 et seq. For this reason, the requirements of the Tort Claims Act (Gov. Code § 810 et seq.) apply.

Appellant retained counsel to…