Pantaleon

Pantaleon v. L.A. Dept. of Water and Power CA2/8

Good Law
Court of Appeal of CaliforniaJune 2, 2022B308366California1,617 words

Opinion

Opinion

DISCUSSION

I. Applicable Law

“ ‘ “The Government Claims Act (§ 810 et seq.) ‘establishes certain conditions precedent to the filing of a lawsuit against a public entity. As relevant here, a plaintiff must timely file a claim for money or damages with the public entity. (§ 911.2.) The failure to do so bars the plaintiff from bringing suit against that entity. (§ 945.4.)’ ” ’ ” (Le Mere v. Los Angeles Unified School Dist. (2019) 35 Cal.App.5th 237, 246.) Section 911.2, subdivision (a) provides that claims against a public entity for injury to persons or personal property “shall be presented . . . not later than six months after the accrual of the cause of action.” A claimant who has failed to present a claim during the six-month time period may make “a written application . . . to the public entity for leave to present that claim.” (§ 911.4, subd. (a).) The application must be made “within a reasonable time not to exceed one year after the accrual of the cause of action and shall state the reason for the delay in presenting the claim.” (§ 911.4, subd. (b).) If the application is denied, a claimant may petition the trial court pursuant to section 946.6 for relief from the…

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