Han

Plaintiff Sang Y. Han (plaintiff) appeals from an order which denied his petition for relief from failure to file a timely tort claim with defendant, the City of Pomona. The trial court found that plaintiff showed a lack of diligence throughout the nearly four and one-half years between the time plaintiff’s cause of action arose and the day his petition for relief was heard. We find that although there was excusable neglect for plaintiff’s failure to timely file a tort claim with defendant, no excuse exists for his failure to timely serve defendant with his petition for relief and have the petition heard. On that basis, we affirm the order denying the petition.

Background of the Case

According to plaintiff’s complaint, he was in the Los Angeles International Airport on September 26, 1989, waiting to board a flight to Seoul, South Korea, when he was arrested by police officers who took him to defendant’s jail. The arrest stemmed from business transactions between plaintiff and defendant (plaintiff operated a travel agency). The arrest was apparently on false charges of grand theft.

On September 25, 1990, plaintiff filed, with defendant, an application for leave to…