Bettencourt v. Los Rios Community College District

Opinion

BIRD, C. J.

Did the trial court abuse its discretion when it denied plaintiffs’ petition seeking relief from the claim presentation requirement of Government Code section 945.41 on the ground of excusable neglect?

I

The facts in this case are uncontroverted. On November 29,1982, Vincent Braby, plaintiffs’ 22-year-old son, drowned while on a biology field trip to Bodega Bay. The trip was sponsored and organized by Sacramento City College, where Braby was a student.

*274On February 11, 1983, 74 days after the accident, plaintiffs retained counsel to represent them. Counsel immediately hired an…