Favorite

Favorite v. County of Los Angeles

Good Law

1998 Cal. App. LEXIS 1059·68 Cal. App. 4th 835·80 Cal. Rptr. 2d 656·98 Daily Journal DAR 12911·98 Cal. Daily Op. Serv. 9262

Court of Appeal of CaliforniaDecember 21, 1998B114279California2,123 words

Opinion

Gilbert, J.

The time within which to file a late claim against a governmental entity is tolled if the claimant is mentally incapacitated and does not have a conservator. (Gov. Code, § 911.4.) Here we hold the statute is tolled even if a mentally incapacitated claimant has a conservator when the conservator does not and could not have known of the claim.

Sarah Denise Favorite (Favorite) appeals from an order denying her petition to file a late claim against the County of Los Angeles (County) under sections 945.4 and 911.4, subdivision (b). Because Favorite timely filed her petition for relief from denial of her late claim, we reverse and remand with directions to the trial court to conduct further proceedings consistent with this opinion.

Facts

Favorite has a long history of mental illness. On October 11, 1994, the Los Angeles County Mental Health Department committed her to Therapeutic Residential Center (TRC), a facility of County. She was released on February 15, 1995. Her mother has been her conservator at all relevant times. Favorite took numerous psychotropic medications during her commitment and until approximately April 1996. Favorite alleges that while residing at TRC, an…

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