Bertorelli v. City of Tulare

Opinion

WOOLPERT, J.

We are asked to reverse a trial court order denying a Government Code section 946.6 1 petition for relief from the governmental tort claims statute (§ 945.4) 2 under circumstances which argue for relief, but do not fit any single indisputable rule of law compelling reversal. During the 100-day claim period after a motor vehicle accident involving a municipal truck, an insurance company filed a technically adequate subrogation claim seeking recovery for property damage on its own behalf and that of its insured. The insured’s personal injury claim was not, however, mentioned.…