Segal v. Southern California Rapid Transit District

Opinion

KINGSLEY, J.

This is an appeal from a judgment denying a petition, filed pursuant to section 946.6 of the Government Code, seeking relief from a one-day delay in filing a claim for damages with a public authority. For the reasons set forth below, we reverse the judgment.

The accident involved occurred on October 12, 1968; the formal claim was filed with defendant on January 21, 1969, which was the 101st day.

[511]

On Saturday, October 12, 1968, plaintiff, age 78, and her sister were passengers in a bus owned by defendant. The bus stopped suddenly, plaintiff was injured, and two days later plaintiff notified the defendant of her injuries. On Tuesday an insurance adjuster came and offered plaintiff $50. The adjuster did not mention a need to file a written claim.

Plaintiff began treatment with her family physician, and on November 1, 1968, plaintiff entered the hospital for two weeks. On January 11, 1969, the 93d day into the 100-day claim period, an attorney interviewed plaintiff. The attorney for plaintiff claims that he erroneously believed that the filing of the claim occurred within the 100-day period, having incorrectly computed the period from October 12th, the date of the accident, as follows:

“18 days in October of 1968 (October 13-31)

“30 days in November of 1968 (November 1-30)

“31 days in December 1968 (December 1-31)

“21 days in January of 1969 (January 1-21)

“100”

In fact 19 days had passed in October and as a result plaintiff was one day late in filing a claim letter on January 21, 1969.

Defendant denied plaintiff’s claim on the grounds that it was filed late and was of “doubtful liability.” Plaintiff’s attorney filed an application for leave to present a late claim which was denied. Plaintiff then sought permission of the superior court to file a late claim, contending that the claim was filed on the 100th day, but if not, relief should be granted. Defendant filed a memorandum of points and authorities; no opposing declaration or affidavits were filed, and no prejudice was shown by defendant. Plaintiff’s request to file a late claim was denied and a motion to reconsider the denial was also denied. Plaintiff has appealed.