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California Government Code Section 946.6

Legal Research Home > California Laws > Government Code > California Government Code Section 946.6

946.6.  (a) If an application for leave to present a claim is denied
or deemed to be denied pursuant to Section 911.6, a petition may be
made to the court for an order relieving the petitioner from Section
945.4. The proper court for filing the petition is a superior court
that would be a proper court for the trial of an action on the cause
of action to which the claim relates. If the petition is filed in a
court which is not a proper court for the determination of the
matter, the court, on motion of any party, shall transfer the
proceeding to a proper court. If an action on the cause of action to
which the claim relates would be a limited civil case, a proceeding
pursuant to this section is a limited civil case.
   (b) The petition shall show each of the following:
   (1) That application was made to the board under Section 911.4 and
was denied or deemed denied.
   (2) The reason for failure to present the claim within the time
limit specified in Section 911.2.
   (3) The information required by Section 910.
   The petition shall be filed within six months after the
application to the board is denied or deemed to be denied pursuant to
Section 911.6.
   (c) The court shall relieve the petitioner from the requirements
of Section 945.4 if the court finds that the application to the board
under Section 911.4 was made within a reasonable time not to exceed
that specified in subdivision (b) of Section 911.4 and was denied or
deemed denied pursuant to Section 911.6 and that one or more of the
following is applicable:
   (1) The failure to present the claim was through mistake,
inadvertence, surprise, or excusable neglect unless the public entity
establishes that it would be prejudiced in the defense of the claim
if the court relieves the petitioner from the requirements of Section
945.4.
   (2) The person who sustained the alleged injury, damage or loss
was a minor during all of the time specified in Section 911.2 for the
presentation of the claim.
   (3) The person who sustained the alleged injury, damage or loss
was physically or mentally incapacitated during all of the time
specified in Section 911.2 for the presentation of the claim and by
reason of that disability failed to present a claim during that time.
   (4) The person who sustained the alleged injury, damage or loss
died before the expiration of the time specified in Section 911.2 for
the presentation of the claim.
   (d) A copy of the petition and a written notice of the time and
place of hearing shall be served before the hearing as prescribed by
subdivision (b) of Section 1005 of the Code of Civil Procedure on (1)
the clerk or secretary or board of the local public entity, if the
respondent is a local public entity, or (2) the Attorney General, if
the respondent is the state. If the petition involves a claim arising
out of alleged actions or inactions of the Department of
Transportation, service of the petition and notice of the hearing
shall be made on the Attorney General or the Director of
Transportation. Service on the Attorney General may be accomplished
at any of the Attorney General's offices in Los Angeles, Sacramento,
San Diego, or San Francisco. Service on the Director of
Transportation may be accomplished only at the Department of
Transportation's headquarters office in Sacramento. If the petition
involves a claim arising out of alleged actions or inactions of a
judicial branch entity, service of the petition and notice of the
hearing shall be made in accordance with the following:
   (1) If the petition involves a claim arising out of alleged
actions or inactions of a superior court or a judge, court executive
officer, or trial court employee, as defined in Section 811.9, of the
court, service shall be made on the court executive officer.
   (2) If the petition involves a claim arising out of alleged
actions or inactions of a court of appeals or a judge thereof,
service shall be made on the Clerk/Administrator of the court of
appeals.
   (3) If the petition involves a claim arising out of alleged
actions or inactions of the Supreme Court or a judge thereof, service
shall be made on the Clerk of the Supreme Court.
   (4) If the petition involves a claim arising out of alleged
actions or inactions of the Judicial Council or the Administrative
Office of the Courts, service shall be made on the secretariat of the
Judicial Council.
   (e) The court shall make an independent determination upon the
petition. The determination shall be made upon the basis of the
petition, any affidavits in support of or in opposition to the
petition, and any additional evidence received at the hearing on the
petition.
   (f) If the court makes an order relieving the petitioner from
Section 945.4, suit on the cause of action to which the claim relates
shall be filed with the court within 30 days thereafter.

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Last modified: March 17, 2014