Roberts v. State of California

[846]

Opinion

GOOD, J.

*

This case involves a claim against the state arising out of a single vehicle accident which allegedly was caused by negligent ownership, design, maintenance and control of a state highway. The accident resulted in the death of one James Arthur Roberts who was driving the truck involved in the accident. He was survived by his wife (Geraldine Roberts) and by four minor children. The accident occurred on August 31, 1971. In chronological order, the following procedural steps were taken:

1. On December 2, 1971, Industrial Indemnity Company and Boat Transit, Inc., the workmen’s compensation carrier and the employer for the decedent truck driver, filed a timely claim with the State Board of Control against the State of California.

2. On July 31, 1972, Mrs. Roberts and her children filed with the state an application form to file claim for damages, a verified claim for damages and affidavits in support of application. The claim was late.

3. A notice of motion to petition superior court in Los Angeles for leave to present late claim was filed November 28, 1972, and was to be heard December 8, 1972. In the interim a stipulation to change venue from Los Angeles County to Shasta County was filed on December 7, 1972.

4.

A new notice of motion to petition the superior court for leave to present late claim was filed January 17, 1973, in Shasta County.

On January 29, 1973, the motion was heard before Honorable Richard B. Eaton. On that date, Judge Eaton granted the petition to file late claim (wrongful death action) as to the minor children, and denied leave to present late claim as to the adult widow, Geraldine Roberts.

1

Upon appeal, Mrs. Roberts raises two contentions of error: First, that the intent of the statutes requiring timely notice to be given to the state of a claim against it was fulfilled as to her by the timely notice of claim filed by and on behalf of the decedent’s workmen’s compensation carrier and his employer; second, that the “singular and unique” status of the state with reference to statutory notice of claim prerequisite to suits against the state, where no such prior notice of claim is required to file suit against private citizen defendants, violates the equal protection of law provisions