Pope v. County of Riverside

COUGHLIN, J.

This is an appeal from an order denying a petition, pursuant to section 716 of the Government Code, for permission to file a claim for damages against a county after expiration of the time specified therefor by section 715 of that code.

Pertinent parts of section 716 provide:

1: The superior court of the county in which the local public entity has its principal office shall grant leave to present a claim after the expiration of the time specified in section 715 if the entity against which the claim is made will not be unduly prejudiced thereby, where no claim was presented during such time and where:

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“(b) Claimant was physically or mentally incapacitated during all of such time and by reason of such disability failed to present a claim during such time; . . .

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“Application for such leave must be made by verified petition showing the reason for the delay. ... A copy of the petition and the proposed claim and a written notice of the time and place of hearing thereof shall be served on the clerk or secretary or governing body of the local public entity not less than 10 days before such hearing. ...”

The petitioner in this proceeding, referred to herein as

[651]

“plaintiff,” attached to his petition a proposed claim for damages against the County of Riverside, referred to as “defendant, ’ ’ on account of injuries sustained by him in an automobile collision which had occurred on May 15, 1961, at an intersection of two county roads; stated in his proposed claim that the collision was caused by the negligence of the county in the construction of the subject roads, in failing to erect stop signs, and also in failing to control the brush and debris adjacent to the intersection; and demanded damages in the sum of $35,000. The petition was filed December 5, 1961. Also attached thereto were two declarations made under penalty of perjury. In one of these, the plaintiff stated, in substance, that he had been hospitalized for two weeks following the collision which resulted in his injury; was unable to return to work until August 15, 1961; continued to suffer from the effects of that injury; and during all of the times mentioned therein “was physically and mentally incapacitated, and by reason of such incapacitation failed to present his claim under the provisions of Government Code section 715.” In the other declaration, a medical doctor expressed his opinion that from May 15, 1961, to and through September 15, 1961, the plaintiff was physically and mentally incapacitated and by reason of such disability was unable to present his claim within the required time.