(a)The board shall grant or deny the application within 45 days after it is presented to the board. The claimant and the board may extend the period within which the board is required to act on the application by written agreement made before the expiration of the period.
(b)The board shall grant the application if one or more of the following is applicable:
(1)The failure to present the claim was through mistake, inadvertence, surprise, or excusable neglect and the public entity was not prejudiced in its defense of the claim by the failure to present the claim within the time specified
in Section 911.2.
(2)The person who sustained the alleged injury, damage, or loss was a minor during all of the time specified in Section 911.2 for the presentation of the claim.
(3)The person who sustained the alleged injury, damage, or loss was a minor during any of the time specified in Section 911.2 for the presentation of the claim, provided the application is presented within six months of the person turning 18 years of age or a year after the claim accrues, whichever occurs first.
(4)The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during all of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time.
(5)The person who sustained the alleged injury, damage, or loss was physically or mentally incapacitated during any of the time specified in Section 911.2 for the presentation of the claim and by reason of that disability failed to present a claim during that time, provided the application is presented within six months of the person no longer being physically or mentally incapacitated, or a year after the claim accrues, whichever occurs first.
(6)The person who sustained the alleged injury, damage, or loss died before the expiration of the time specified in Section 911.2 for the presentation of the claim.
(c)If the board fails or refuses to act on an application within the time prescribed by this section, the application
shall be deemed to have been denied on the 45th day or, if the period within which the board is required to act is extended by agreement pursuant to this section, the last day of the period specified in the agreement.
Notes of Decisions
J.M. v. Huntington Beach Union High Sch. Dist., 389 P.3d 1242 (Cal. 2017).
· cites it 2× “" (Gov. Code, § 911.6, subd. (a).) When the "person who sustained the alleged injury, damage or loss was a minor during all of the time specified .”
Gutierrez v. Mofid, 705 P.2d 886 (Cal. 1985).
· cites it 2× “The county rejected a claim presented on the 127th day after the injury (Gov. Code, § 911.6, subd. (a)), and the superior court denied relief.”
Ovando v. Cnty. of Los Angeles, 71 Cal. Rptr. 3d 415 (Cal. Ct. App. 2008).
“) If the public entity denies the application or the application is denied by operation of law (Gov. Code, § 911.6, subds. (a), (c)), the claimant may petition the court for relief from the claim presentation requirement (id.”
Viles v. State of California, 423 P.2d 818 (Cal. 1967).
· cites it 2× “On July 21, the board granted the minor's application (Gov. Code, § 911.6) but denied plaintiff's application.”
Wozniak v. Peninsula Hosp., 1 Cal. App. 3d 716 (Cal. Ct. App. 1969).
· cites it 2× “(Gov. Code, § 911.6, subd. (a).) If the public entity refuses to permit a late claim to be filed after a showing that claimant was a minor during the 100-day statutory period, then section 946.”
CURTIS T. v. Cnty. of Los Angeles, 2004 Cal. Daily Op. Serv. 10104 (Cal. Ct. App. 2004).
“(Gov. Code, § 911.6, subd. (b)(2) [“The board shall grant the application where .”
Takahashi v. Bd. of Educ., 202 Cal. App. 3d 1464 (Cal. Ct. App. 1988).
“2 within 45 days, it is deemed denied (Gov. Code, § 911.6). There was time for plaintiff to have filed the notices and to have exhausted the administrative procedure she now claims she was precluded from doing.”
Tammen v. Cnty. of San Diego, 426 P.2d 753 (Cal. 1967).
“4), which application was denied (Gov. Code, § 911.6 1 ). Thereafter, plaintiffs applied to the superior court for leave to present their claim (Gov.”
Cole v. City of Los Angeles, 187 Cal. App. 3d 1369 (Cal. Ct. App. 1986).
· cites it 2× “(Gov. Code, § 911.6, subd. (c).) On November 16, 1984, plaintiff filed petition for relief from the provisions of Government Code section 945.”
Whitfield v. Roth, 519 P.2d 588 (Cal. 1974).
“[¶] In effect, Government Code sections 911.6 and 946.6 grant minors a period of claim filing consisting of 100 days plus a reasonable time, not exceeding one year, for filing an application for relief.”
Luers v. Smith, 941 F. Supp. 105 (C.D. Cal. 1996).
· cites it 2× “Cal.Gov.Code, § 911.6(b)(2). If an application to present a claim pursuant to section 911.”
Bahten v. Cnty. of Merced, 59 Cal. App. 3d 101 (Cal. Ct. App. 1976).
“(Gov. Code, § 911.6.) As an additional protection to claimants the Tort Claims Act provides that if the petition be denied or deemed denied under the provisions of Government Code section 911.”
— Cal. Government Code § 911.6(a) — 1 case
— Cal. Government Code § 911.6(b)(2) — 1 case
Luers v. Smith, 941 F. Supp. 105 (C.D. Cal. 1996).
“Cal.Gov.Code, § 911.6(b)(2). If an application to present a claim pursuant to section 911.”
— Cal. Government Code § 911.6(c) — 2 cases
Luers v. Smith, 941 F. Supp. 105 (C.D. Cal. 1996).
“Cal.Gov.Code, § 911.6(b)(2). If an application to present a claim pursuant to section 911.”
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