County of Santa Cruz v. Sup. Ct
Filed 4/6/06 County of Santa Cruz v. Sup. Ct. CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
COUNTY OF SANTA CRUZ, Petitioner, v. THE SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent; FIRST COMMERCIAL FINANCE, LLC, Real Party in Interest. | H029040 (Santa Cruz County Super. Ct. No. 151195) |
I. INTRODUCTION
First Commercial Finance, LLC (First Commercial), presented a claim to the Board of Supervisors of the County of Santa Cruz (County) for over $600,000 in unpaid contractual obligations. County rejected the claim with a written notice warning First Commercial that it had six months or 182 days to file a state action on the claim, pursuant to Government Code section 945.6.[1] First Commercial did not file a complaint in the superior court within the section 945.6 limitations period, which expired on April 7, 2005. Instead, on March 25, 2005, First Commercial filed a petition under section 946.6 for relief from the government claims presentation requirement.
The respondent superior court construed First Commercial's petition for relief from the government claims presentation requirement as an â€