Pantaleon v. L.A. Dept. of Water and Power CA2/8

California Court of Appeal Jun 2, 2022 No. B308366Unpublished

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Holding. The court held that it lacked jurisdiction to grant a petition for relief from the Government Claims Act because the appellants' application to present a late claim was filed more than one year after the accrual of their causes of action.

Issues

Whether the trial court lacked jurisdiction to grant a petition for relief from the Government Claims Act when the application for a late claim was filed more than one year after the cause of action accrued.
Whether the appellants' causes of action accrued on the date of the fire or were delayed by fraudulent concealment.
Whether a minor is entitled to relief from the claim presentation requirements if the application is filed more than one year after the cause of action accrued.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The trial court correctly found it was without jurisdiction to grant relief.”

“When an application to file a late claim is itself not timely filed, . . . the court is without jurisdiction to grant relief under section 946.6.”

“As Richard L. Pantaleon Vergara’s application to present a late claim, like the applications of the other appellants, was not filed within one year of accrual of his cause of action, he is not entitled to relief pursuant to these provisions.”

Filed 6/2/22 Pantaleon v. L.A. Dept. of Water and Power CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

MARTIN PANTALEON et al., B308366

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. 20STCV01851) v.

LOS ANGELES DEPARTMENT OF WATER AND POWER,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Mary H. Strobel, Judge. Affirmed.

The Agopoglu Law Corporation and Berc Agopoglu for Plaintiffs and Appellants.

Michael N. Feuer, City Attorney, Scott Marcus, Chief Assistant City Attorney, Blithe S. Bock, Managing Assistant City Attorney, and Shaun Dabby Jacobs, Deputy City Attorney for Defendant and Respondent.

_______________________

Martin Pantaleon, Richard D. Pantaleon, Richard L. Pantaleon Vergara, Jadira Y. Vergara, Miriam Fajardo, Maria Pantaleon, Jadira Vergara, and Juan Pantaleon (appellants) filed a petition pursuant to Government Code1 section 946.6 for relief from the Government Claims Act (§ 810 et seq.) requirement that a plaintiff present a timely claim to the Los Angeles County Department of Water and Power (LADWP) before bringing a tort action against it (§§ 911.2, 945.4). Appellants had filed an application for relief from the timely filing requirement. But this application for relief was, itself, untimely. The trial court denied the petition on the ground that because the application for relief was itself untimely, the court lacked jurisdiction to act. The court went on to hold that even if the court had jurisdiction, appellants had not shown their failure to timely file their claim was a result of mistake, inadvertence, surprise, or excusable neglect. The trial court correctly found it was without jurisdiction to grant relief. We affirm the order. FACTUAL AND PROCEDURAL BACKGROUND According to appellants’ petition, their claim against LADWP arose from a house fire on February 19, 2018. Appellants allege that as a result of the fire, they sustained personal injuries and damages, including property damage, physical injuries, and emotional distress. They allege that firefighters who responded to the fire told appellants they believed electrical wires maintained by “Edison” (presumably

Pantaleon v. L.A. Dept. of Water and Power CA2/8

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

LOS ANGELES DEPARTMENT OF WATER AND POWER,

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

STRATTON, P. J.

GRIMES, J.

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