Boas v. County of San Diego

Opinion

BROWN (Gerald), P. J.

Stephen and Virginia Boas (Boas) appeal a judgment denying their petition for relief from the claim presentation requirement of Government Code section 945.4.

On April 10, 1979, Boas’ daughter suffocated after sinking in an area along the San Diego River allegedly owned by the County of San Diego (County). Despite suffering emotional trauma resulting from their daughter’s death, Boas contacted several governmental agencies during early May trying to discover the property owner responsible for the dangerous condition at the accident site and ascertain available remedies. On June 12, Boas contacted County Supervisor Lucille Moore’s office suggesting protective measures to prevent future accidents at -the site. Supervisor Moore’s office promised an investigation and told Boas to forego any other action pending the County’s investigative report. On August 27, Supervisor Moore sent a letter to Boas implying the County did not own the accident site.

In September Boas contacted legal counsel who determined the County owned the property. Boas filed an application to present a late claim with the County on September 18 (Gov. Code, § 911.4). On November 6, Boas filed a petition for relief from the claim presentation requirement alleging mistake, inadvertence, surprise, and excusable neglect (Gov. Code, § 946.6, subd. (c)(1)). The superior court found Boas’ failure to present a timely claim was not the result of excusable neglect and entered judgment for the County on January 9, 1980.

A claim for wrongful death against a public entity must be presented within 100 days of the accrual of the cause of action (Gov. Code, § 911.2). Presentation of a claim is a condition precedent to filing suit against the entity (Gov. Code, § 945.4). Government Code section

[358]

946.6, subdivision (c)(1) permits relief from section 945.4 if the trial court finds the failure to present the claim was through mistake, inadvertence, surprise or excusable neglect.

The purpose of the claims statutes is to provide notice to the entity to insure prompt investigation and disposition of claims

(Fredrichsen

v.