Katelaris

Panyiotis and Andriana Katelaris appeal from summary judgment in favor of the County of Orange, arguing declarations offered in support of the motion were inadmissible. We hold the declarations were properly received, so the judgment is affirmed.

The Katelarises own land along Santiago Canyon Road in an unincorporated area of Orange County. 1 They believe improvements to the county’s roadside drainage system spewed water onto their property, causing damage. In July 1997, their attorney submitted a claim to the county, a statutory prerequisite to filing suit. (Gov. Code, § 945.4.) 2 By letter dated July 16, 1997, the county acknowledged receipt of the claim, and stated it would send notice of its response within 45 days. On September 11, 1997, somewhat past the 45-day mark, the county mailed a letter to counsel denying the claim. The letter also stated that any action on the claim had to be filed within six months of the date the letter was mailed, pursuant to section 945.6, subdivision (a)(1).

Suit was filed on April 3, 1998, beyond the six-month period, and the county moved for summary judgment on the ground the action was barred by the statute of limitations. To…