Artukovich v. Astendorf

CARTER, J.-

— I dissent. The majority opinion is based on a purely cold legalistic theory without regard to considerations of justice or the rights of those who because of disability are entitled to greater protection than the law extends to normal persons. The applicability of claim statutes to minors must necessarily lead to absurd results. A minor of tender years is not legally competent to commence a civil action or do anything affecting his property or legal rights. The requirement that a claim be filed presupposes a competent person as claimant: Section 4075 of the Political Code…