Nov 21, 2008 Timothy T. Coates
Court of Appeal says relief from filing claim with wrong public entity unwarranted in the absence of evidence

City of Riverside v. Superior Court (Juarez) (2008) 2008 Cal.App. Unpub LEXIS 9452 (California Court of Appeal, Fourth Appellate District, Division Two). [unpublished]. Plaintiff was injured when she fell on a street in Riverside County. She presented a timely claim to the wrong public entity but the trial court granted relief from the Government Tort Claims filing deadline with respect to the County. The Court of Appeal issued a peremptory writ reversing the trial court’s decision on the ground that there was no evidence to show why the claim was presented to the wrong entity in the first instance and, therefore, no ground for relief on the basis of mistake, inadvertence, surprise or excusable neglect.