Legal Opinion

Department of Water & Power v. Superior Court

California Court of Appeal

Decided July 21, 2000No. B140841PublishedCited by 12 opinions

1Opinion of the Court

Opinion

THE COURT. *

Petitioner Department of Water and Power of the City of Los Angeles (DWP) seeks a writ of mandate directing the trial court to vacate its order granting a petition for relief from the claim presentations requirements of the Tort Claims Act under Government Code section 945.4 et seq. 1 which order allowed claimant Sergey Dzhibinyan to file a late claim against the DWP based on a finding of “mistake” in the failure to file a timely government tort claim.

Relief from failure to timely present a government tort claim is available only if the applicant establishes by a…

2Cases cited19 opinions

  1. Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
  2. City of San Jose v. Superior CourtCalifornia Supreme Court · 1974
  3. Lewis v. Superior CourtCalifornia Supreme Court · 1999
  4. Tammen v. County of San DiegoCalifornia Supreme Court · 1967
  5. Ng v. Superior CourtCalifornia Supreme Court · 1992

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3Cited by12 opinions

  1. People Ex Rel. Department of Transportation v. Superior CourtCalifornia Court of Appeal · 2003
  2. Renteria v. Juvenile Justice, Department of Corrections & RehabilitationCalifornia Court of Appeal · 2006
  3. DeVore v. Department of the California Highway PatrolCalifornia Court of Appeal · 2013
  4. City of San Diego v. Superior Court CA4/1California Court of Appeal · 2015
  5. City of San Diego v. Super. Ct.California Court of Appeal · 2016

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