County of Santa Clara v. Superior Court

Opinion

TOBRINER, J.

The County of Santa Clara seeks prohibition to restrain the Superior Court of Santa Clara County from further proceedings in a wrongful death action against the county by plaintiffs Gaston and Germaine Deleersnyder, the parents of decedent Konrad Deleersnyder. Plaintiffs did not file a claim with the county within 100 days of the death, as required under Government Code sections 911.2 and 945.4; the superior court, however, granted their petition under Government Code section 946.6 for relief from the obligation of filing a claim. We conclude that the *548ruling of the superior…