Legal Opinion
People Ex Rel. Department of Transportation v. Superior Court
California Court of Appeal
Decided January 7, 2003No. C042168PublishedCited by 13 opinions
1Opinion of the Court
Opinion
CALLAHAN, J.
In this case, we hold that the trial court abused its discretion in relieving Paul Isenhower and his two children from the six-month deadline to file a government claim (Gov. Code, § 911.2 [all further unspecified statutory references are to this code]) based on “mistake, inadvertence, surprise, or excusable neglect” (§ 946.6, subd. (c)(1)), where the record reveals a total absence of diligence on their part during the entire claim-filing period. We will issue a peremptory writ.
Facts
The facts are undisputed. On June 1, 2001, Paul Isenhower and his wife were traveling…
2Cases cited12 opinions
- Viles v. State of CaliforniaCalifornia Supreme Court · 1967
- Munoz v. State of CaliforniaCalifornia Court of Appeal · 1995
- Ebersol v. CowanCalifornia Supreme Court · 1983
- Martin v. City of MaderaCalifornia Court of Appeal · 1968
- Bennett v. City of Los AngelesCalifornia Court of Appeal · 1970
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Estrada v. Fedex Ground Package System, Inc.California Court of Appeal · 2007
- Davis-Miller v. Automobile Club of Southern CaliforniaCalifornia Court of Appeal · 2011
- City of Scotts Valley v. County of Santa CruzCalifornia Court of Appeal · 2011
- Lambert v. CARNEGHICalifornia Court of Appeal · 2008
- Barragan v. County of Los AngelesCalifornia Court of Appeal · 2010
8 more not listed; retrieve them via the Exa API.