Real

Maria Del Real (Del Real) appeals from a judgment entered in favor of City of Riverside (City) and Eric Charrette (Charrette, collectively Defendants), after their motion for summary judgment was granted. The trial court based its order granting summary judgment on a finding that Del Real had failed to file a timely government tort claim as required by Government Code section 900 et seq., and therefore could not maintain her action. She claims that this was error. We disagree and affirm.

Facts and Procedural History

This case arises out of an automobile accident that occurred on November 22, 1997 (the accident), between vehicles driven by Del Real and Charrette, a police officer. Del Real alleges that Charrette was acting within the course and scope of his employment with City at the time of the accident.

On March 10, 1998, Del Real’s attorney sent a letter to Charrette, indicating that he had been consulted about the accident and that he was in the process of investigating it. The letter requests Charrette’s account of the accident and seeks information about witnesses. It also requests that the letter be forwarded to Charrette’s insurance company “so that we can deal…