Rousseau

In this case, we hold that the trial court abused its discretion in denying the minor’s petition for late claim relief. (Gov. Code, § 946.6.) The court improperly considered the dilatory actions of the minor’s guardian and her attorney and should have focused on the minor’s behavior alone. In light of the minor’s seriously debilitated condition, we conclude that the time it took to file the petition for judicial relief was not unreasonable.

On June 17, 1983, plaintiff, Dawn Rousseau, was injured when a car she was driving collided with another vehicle near the intersection of Cherry Street and State Highway 82 in the City of San Carlos, San Mateo County. Dawn was almost 16 Vi years old at the time of the accident. She suffered brain damage which resulted in speech and motor function defect. She was hospitalized for three months, during two months of which she was unconscious. In October 1983, more than 100 days after the accident, Dawn’s father, Donald, contacted counsel to sue the responsible public entities and counsel agreed to represent plaintiff.

Counsel concluded that a cause of action existed against the City of San Carlos, San Mateo County and the State of…