Nilsson

Nilsson v. City of Los Angeles

Good Law
1967 Cal. App. LEXIS 2308·249 Cal. App. 2d 976·58 Cal. Rptr. 20
Court of Appeal of CaliforniaApril 6, 1967Civ. No. 29551California2,319 words

Opinion

Lead Opinion

Moss, J.

Appellant appeals from a minute order denying her petition for leave to present a late claim against the City *978 of Los Angeles filed pursuant to section 912 of the Government Code 1 after the statutory period of 100 days had expired, but before the expiration of one year from the date of the accrual of the cause of action.

The facts upon which appellant relies are set forth in the affidavit of her attorney, Norman R. Spevack, attached to her petition. The city filed no affidavits or declarations in opposition. Appellant was arrested on December 29, 1963. Charges were dropped and she was released from custody some time before January 2, 1964. While she was in custody she consulted an attorney who, on January 2, 1964, wrote a letter to the Los Angeles Police Department suggesting that his client might have a cause of action for false imprisonment and requesting the names of the complainants, the arresting officers, and the deputy district attorney contacted after the arrest. The time for presentation of a claim against the city expired on April 7,1964, the 100th day after the arrest. (Gov. Code, § 911.2.) Mr. Spevack stated in his affidavit: "that because of an error in…

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