Pantaleon v. L.A. Dept. of Water and Power CA2/8
Martin Pantaleon, Richard D. Pantaleon, Richard L. Pantaleon Vergara, Jadira Y. Vergara, Miriam Fajardo, Maria Pantaleon, Jadira Vergara, and Juan Pantaleon (appellants) filed a petition pursuant to Government Code section 946.6 for relief from the Government Claims Act (§ 810 et seq.) requirement that a plaintiff present a timely claim to the Los Angeles County Department of Water and Power (LADWP) before bringing a tort action against it (§§ 911.2, 945.4). Appellants had filed an application for relief from the timely filing requirement. But this application for relief was, itself, untimely. The trial court denied the petition on the ground that because the application for relief was itself untimely, the court lacked jurisdiction to act. The court went on to hold that even if the court had jurisdiction, appellants had not shown their failure to timely file their claim was a result of mistake, inadvertence, surprise, or excusable neglect.
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