Burke v. Clovis Unified School District CA5
Appellants filed this appeal to challenge an order denying their petition to file a late claim under the Government Claims Act (Gov. Code, § 810 et seq.). We conclude the trial court properly denied the petition because (1) the documents submitted to the defendants within six months of the accrual of appellants’ causes of action did not constitute a “claim as presented” for purposes of sections 910.8 and 911; (2) the application for leave to present a late claim was not submitted to the public entity within the one-year period specified in section 911.4, subdivision (b); (3) the doctrine of equitable estoppel does not bar the defendants from asserting appellants failed to present a timely claim and failed to present a timely application to present a late claim; and (4) the doctrine of equitable tolling does not apply and, therefore, cannot be relied upon to extend the amount of time appellants had to comply with the claim presentation requirements of the Government Claims Act.
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