Adams v. County of Kern CA5
Kim Adams claims her probation officer, Reyes Soberon, Jr., physically and sexually assaulted her, and threatened her. Adams, in propria persona, presented a claim to the County of Kern (County) pursuant to the Government Claims Act (Gov. Code, § 810 et seq.) (Claims Act), based on the alleged assaults and threats. The claim, which was presented more than six months after Soberon’s last alleged act, was denied as untimely. Adams retained an attorney, who applied to the County for leave to present a late claim. The application, which was presented more than one year after the alleged assault and threats, was also denied. Adams petitioned the trial court for relief from the Claims Act’s requirements, asserting she failed to present a timely claim due to excusable neglect and mental incapacity. The trial court denied the petition.
On appeal, Adams contends the trial court erred in failing to consider her claim of excusable neglect. Respondents counter the trial court did no
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