Frank V. v. Nevada Co. Dept. of Child Protective Services
Filed 6/27/06 Frank V. v. Nevada Co. Dept. of Child Protective Services CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Nevada)
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FRANK V., a Minor, etc., Plaintiff and Appellant, v. NEVADA COUNTY DEPARTMENT OF CHILD PROTECTIVE SERVICES et al., Defendants and Respondents. | C050577
(Super. Ct. No. 70617)
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In August 2004, plaintiff Frank V. (the minor), through his guardian ad litem Rae R. (the mother), submitted an application for leave to file a late claim against Nevada County Child Protective Services (CPS) and the Nevada County Sheriff's Department for their alleged failure to fully investigate allegations of molestation the mother reported to CPS in 1996. The Nevada County Board of Supervisors denied the application, and the trial court denied the minor's subsequent petition for relief from the timeliness requirements of the California Tort Claims Act. (Gov. Code,[1] § 900 et seq.)
On appeal, the minor contends the trial court abused its discretion in denying his petition. We disagree and will affirm the order.
FACTUAL AND PROCEDURAL BACKGROUND
In September 1996, the nine-year-old minor told the mother that his father had â€