California Court of Appeal

The trial court's denial of plaintiffs' petition pursuant to Government Code section 946.6 for relief from the Government Claims Act requirement of presenting a timely claim to a public entity before bringing a tort action against it, is reversed, where: 1) the facts establish grounds for relief under section 946.6 because plaintiffs' failure to engage an attorney before learning about the drunk driver's earlier traffic stop, and through that the public entity's potential connection with the accident, was the omission of a reasonably prudent person under similar circumstances; and 2) defendants failed to demonstrate any particular prejudice from the delay in filing the claim.

Appellate Information

• Decided 11/13/2013
• Published 11/13/2013

Judges

• BUTZ

Court

• California Court of Appeal

Counsel